Tyrrell v. Wal-Mart Stores, Inc.

Crew III, J. P.

(concurring in part and dissenting in part). I agree with the majority that plaintiff failed to establish that the employee in question had authority to speak on behalf of defendant and, accordingly, Supreme Court incorrectly ruled that her hearsay statement was admissible as an admission against defendant’s interests. Where I disagree with the majority is with their conclusion that the statement of the employee nevertheless was admissible because it constituted part of the res gestae.

As has been noted, the term res gestae is quite amorphous and presently is considered to…