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AUER v. BIENSTOCK

104 A.D.2d 350 (1984)

Kenneth Auer et al., Appellants-Respondents, v. Herbert Bienstock et al., Respondents-Appellants, and Harley-Davidson Motor Co., Inc., Defendant and Third-Party Defendant-Respondent. A.M.F. Incorporated, Respondent; Harley Davidson of New York City, Inc., Defendant and Third-Party Plaintiff-Respondent. City of New York et al., Third-Party Defendants-Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

August 6, 1984

Interlocutory judgment reversed insofar as appealed from, on the law and as an exercise of discretion, and new trial granted, with costs to abide the event.

During the trial of this action, which arose out of a two-vehicle accident, reversible error occurred when the court, over objection by plaintiffs' counsel, admitted a police report concerning the accident into evidence. The report contained statements of the defendant...

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