| Fay v Vargas |
| 2009 NY Slip Op 08510 [67 AD3d 568] |
| November 19, 2009 |
| Appellate Division, First Department |
| William J. Fay III, as Administrator of the Estate of Edward A.Fay, Deceased, Appellant, v Enrique Vargas, RespondentAppellant. |
—[*1] Burke, Lipton & Gordon, White Plains (Brian D. Acard of counsel), forrespondent.
Order, Supreme Court, Bronx County (Alexander W. Hunter, Jr., J.), entered June 23, 2008,which granted defendant's motion for summary judgment dismissing the complaint, unanimouslyaffirmed, without costs.
The police accident report was inadmissible because it was made by an officer who did notwitness the accident and it contains the hearsay, and presumably self-serving, statements ofplaintiff's decedent as to the ultimate issue of fact (Holliday v Hudson Armored Car &Courier Serv., 301 AD2d 392, 396 [2003], lv dismissed in part and denied in part100 NY2d 636 [2003]; Kajoshaj v Greenspan, 88 AD2d 538, 539 [1982]). The officer'saffidavit vouching for the truth of his report does not render admissible the hearsay statementscontained in the report. Concur—Andrias, J.P., Sweeny, Nardelli, Catterson andDeGrasse, JJ.