ANTONIO CARCAMO v. STEIN


53 A.D.3d 520 (2008)

861 N.Y.S.2d 755

MIGUEL ANTONIO CARCAMO, Respondent, v. MARTIN STEIN, Appellant.

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

Decided July 8, 2008.


Ordered that the judgment is reversed, on the law, and a new trial is ordered, with costs to abide the event.

We agree with the defendant that the statements in hospital and ambulance records which the court read to the jury constituted inadmissible hearsay, as they related to the manner of the accident and were not germane to the plaintiff's diagnosis and treatment (see Williams v Alexander, 309 N.Y. 283, 287 [1955]; Cuevas...

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