KUCI v. MANHATTAN & BRONX SURFACE TRANSIT OPERATING AUTH.


219 A.D.2d 486 (1995)

631 N.Y.S.2d 163

Sedat Kuci, Respondent, v. Manhattan and Bronx Surface Transit Operating Authority, Appellant

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

September 14, 1995


The trial court erred in not allowing the jury to hear key evidence in the form of a statement made at the time of the accident, and in denying defendant's request to charge the jury as to the "emergency doctrine".

The statement made at the time of the accident by plaintiff's companion was erroneously precluded from evidence as inadmissible hearsay. In fact, the statement was not hearsay, but instead constituted a "verbal...

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