Legal Opinion
State Farm Mutual Automobile Insurance v. Bermudez
Appellate Division of the Supreme Court of the State of New York
Decided June 17, 1985PublishedCited by 5 opinions
1Opinion of the Court
— In a proceeding pursuant to CPLR article 75 to stay arbitration, the appeal is from an order and judgment (one paper) of the Supreme Court, Queens County (Hyman, J.), dated October 24, 1983, which, after a hearing, granted the application.
Order and judgment affirmed, with costs.
We find that the police accident report was properly received into evidence under the business record exception to the hearsay rule (see, CPLR 4518 [a]; Zaulich v Thompkins Sq. Holding Co., 10 AD2d 492; Toll v State of New York, 32 AD2d 47). Moreover, appellant’s statement in this report, describing how the accident…
2Cases cited9 opinions
- Toll v. StateAppellate Division of the Supreme Court of the State of New York · 1969
- Flynn v. Manhattan & Bronx Surface Transit Operating AuthorityNew York Court of Appeals · 1984
- Spodek v. StablesAppellate Division of the Supreme Court of the State of New York · 1982
- Zaulich v. Thompkins Square Holding Co.Appellate Division of the Supreme Court of the State of New York · 1960
- Penn v. KirshAppellate Division of the Supreme Court of the State of New York · 1972
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Ramos v. RojasAppellate Division of the Supreme Court of the State of New York · 2007
- Vaden v. RoseAppellate Division of the Supreme Court of the State of New York · 2004
- Delva v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2014
- Aloi v. Firebird Freight Service Corp.Appellate Division of the Supreme Court of the State of New York · 1998
- In re Nationwide Mutual Insurance v. McMillanAppellate Division of the Supreme Court of the State of New York · 2001