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RIVERA v. CITY OF NEW YORK

293 A.D.2d 383 (2002)

741 N.Y.S.2d 30

MICHAEL RIVERA, Respondent, et al., Plaintiff, v. CITY OF NEW YORK, Defendant, and NEW YORK CITY BOARD OF EDUCATION, Appellant.

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

Decided April 23, 2002.

The statements in the hospital record attributed to the infant plaintiff's mother, also a plaintiff herein, that the infant was struck by a thrown rock were not admissible either as admissions or under the business records exception to the hearsay rule (CPLR 4518). The statements were not admissions since the mother did not witness the occurrence but based the statements on what she heard from persons other than the infant (see, Quispe v Lemle & Wolff, ...

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