CONNERS v. DUCK'S CESSPOOL SERV., LTD.


144 A.D.2d 329 (1988)

Ann Conners, as Administratrix of The Estate of Arthur Conners, Jr., Deceased, Appellant, v. Duck's Cesspool Service, Ltd., Respondent. (And Two Third-Party Actions.)

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

November 7, 1988


Ordered that the judgment is reversed insofar as appealed from, on the law, the provision thereof which is in favor of the defendant Duck's Cesspool Service, Ltd. is deleted, and a new trial is granted with respect to that defendant, with costs to abide the event.

We agree with the plaintiff's contention that the trial court committed reversible error when it admitted the police report of the accident into evidence. The report did not fall within the business records...

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