FRANCIS v. FRANCIS


262 A.D.2d 1065 (1999)

692 N.Y.S.2d 263

BARBARA FRANCIS, Respondent-Appellant, v. TIMOTHY FRANCIS, Appellant-Respondent.

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

Decided June 18, 1999.


Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: At a bench trial on the issue of fault in this matrimonial action, Supreme Court erred in admitting in evidence that portion of a hospital record containing the account of plaintiff concerning how she was injured when defendant allegedly threw a coffee cup toward her leg. That portion of the hospital record is inadmissible hearsay (see, Williams...

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