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CARCAMO v. STEIN

2007-01544.

2008 NY Slip Op 06185

MIGUEL ANTONIO CARCAMO, respondent, v. MARTIN STEIN, appellant.

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

Decided July 8, 2008.

Attorney(s) appearing for the Case

Bruno, Gerbino & Soriano, LLP, Melville, N.Y. (Charles W. Benton of counsel), for appellant.

Reid B. Wissner (Alexander J. Wulwick, New York, N.Y., of counsel), for respondent.

Before: A. GAIL PRUDENTI, P.J., HOWARD MILLER, EDWARD D. CARNI, CHERYL E. CHAMBERS, JJ.

DECISION & ORDER

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 inadmissable 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

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