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REYNOLDS v. CITY OF NEW YORK

221 A.D.2d 185 (1995)

633 N.Y.S.2d 300

Herman Reynolds et al., Plaintiffs, v. City of New York, Appellant, and Third-Party Plaintiff-Appellant, et al., Defendants American Bridge Division et al., Third-Party Defendants-Respondents. Winston Lester, Plaintiff, v. William Ladson, Defendant, and City of New York, Appellant and Third-Party Plaintiff-Appellant. American Bridge Division et al., Third-Party Defendants-Respondents

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

November 9, 1995

The City's contention that summary judgment was improperly based on inadmissible evidence is improperly raised for the first time on appeal, and, in any event, is without merit. Contrary to defendant's claim, the statement in the offending driver's MV-104 report constituted an admission which could properly be considered as probative evidence by the motion court. Moreover, even if the complained of reports were wholly disregarded...

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