CALIGIURI v. AAA-1 TOWING, INC.


266 A.D.2d 133 (1999)

698 N.Y.S.2d 482

JERELYN CALIGIURI, Plaintiff, v. AAA-1 TOWING, INC., et al., Defendants and Third-Party Plaintiffs-Respondents. RAMP CHEVROLET, INC., Third-Party Defendant-Appellant.

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

Decided November 30, 1999.


The motion court properly relied upon the statements of defendant and third-party plaintiff Lee Belli in denying the motion. Although Belli's statements, as reported in the testimony of plaintiff Caligiuri, were hearsay, they were properly considered by the motion court since they constitute "admissions" by a party to a material fact at issue (see, Reed v McCord, 160 N.Y. 330, 341). Belli's "admissions" were attributable not only to Belli but to defendant AAA-1 as...

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