| Cheul Soo Kang v Violante |
| 2009 NY Slip Op 02558 [60 AD3d 991] |
| March 31, 2009 |
| Appellate Division, Second Department |
| Cheul Soo Kang, Appellant, v Isaiah Violante et al.,Respondents. |
—[*1] Robert P. Tusa (Sweetbaum & Sweetbaum, Lake Success, N.Y. [Marshall D. Sweetbaum],of counsel), for respondents.
In an action to recover damages for personal injuries, the plaintiff appeals from a judgmentof the Supreme Court, Kings County (Schneier, J.), dated October 31, 2007, which, upon a juryverdict on the issue of liability, is in favor of the defendants and against him dismissing thecomplaint.
Ordered that the judgment is reversed, on the law, on the facts, and in the exercise ofdiscretion, the complaint is reinstated, and a new trial is granted, with costs to abide the event.
The trial court erred in admitting a police accident report into evidence. The report did notqualify for admission pursuant to CPLR 4518 (c) because it was not certified, and no foundationtestimony establishing its authenticity and accuracy was offered (see DeLisa v Pettinato,189 AD2d 988 [1993]; Matter of Peerless Ins. Co. v Milloul, 140 AD2d 346 [1988]).Furthermore, the statements in the report attributed to the plaintiff and defendant driverconstituted inadmissable hearsay (see Carr v Burnwell Gas of Newark, Inc., 23 AD3d998, 1000 [2005]; Hatton v Gassler, 219 AD2d 697 [1995]). The error cannot beconsidered harmless.
The plaintiff's remaining contention is unpreserved for appellate review. Spolzino, J.P.,Florio, Miller and Eng, JJ., concur.