O'LASKEY v. Sortino

Opinion

VOGEL, J.

Plaintiff Phillip J. O’Laskey appeals from a judgment entered after defendant Mike Sortino’s motion for summary judgment was granted. O’Laskey contends the trial court erred by refusing to receive in evidence a transcript of a tape-recorded telephone conversation which, if admitted, would have created a triable issue of material fact concerning the timeliness of O’Laskey’s complaint. Alternatively, O’Laskey contends the trial court should have continued the hearing on the motion to allow him to obtain admissible evidence with which to create a triable issue. We reject both…