LOSCHIAVO v. PORT AUTH. OF NEW YORK & NEW JERSEY


58 N.Y.2d 1040 (1983)

Joseph Loschiavo et al., Appellants, v. Port Authority of New York and New Jersey, Defendant, and National Airlines, Inc., Respondent.

Court of Appeals of the State of New York.

Decided March 24, 1983.


Attorney(s) appearing for the Case

John Anthony Bonina for appellants.

Thomas E. Mehrtens and John M. Downing for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur; Judge MEYER concurs on constraint; Judge FUCHSBERG dissents and votes to reverse in an opinion.


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...

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