Legal Opinion
Loschiavo v. Port Auth. of New York & New Jersey
New York Court of Appeals
Decided March 24, 1983PublishedCited by 65 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, without costs.
We agree with the majority at the Appellate Division that the trial court, in excluding the testimony offered by plaintiff, properly applied this State’s current hearsay rule. Pursuant to this rule, the hearsay statement of an agent is admissible against his employer under the admissions exception to the hearsay rule only if the making of the statement is an activity within the scope of his authority (Kelly v Diesel Constr. Div. of Carl A. Morse, Inc., 35 NY2d 1, 8; Spett v President Monroe…
2Cases cited2 opinions
- Kelly v. Diesel Construction Division of Carl A. Morse, Inc.New York Court of Appeals · 1974
- Spett v. President Monroe Building & Manufacturing Corp.New York Court of Appeals · 1967
3Cited by65 opinions
- People v. BrownNew York Court of Appeals · 1993
- Niesig v. Team INew York Court of Appeals · 1990
- Nordhauser v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1991
- People v. WatsonAppellate Division of the Supreme Court of the State of New York · 1984
- Laguesse v. Storytown U.S.A., Inc.Appellate Division of the Supreme Court of the State of New York · 2002
60 more not listed; retrieve them via the Exa API.