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FERRARO v. CINELLI

193 A.D.2d 409 (1993)

597 N.Y.S.2d 71

Isabella Ferraro et al., Respondents, v. Peter Cinelli, Appellant

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

May 6, 1993

While we agree with defendant that the IAS Court should not have considered the police report containing the hearsay statement that pertained to the ultimate factual issue in the case, namely, that the decedent had fallen from a ladder (see, Sansevere v United Parcel Serv., 181 A.D.2d 521, 524), we nevertheless affirm since, even if the police report is disregarded, the proof adduced by defendant in support of his motion for...

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