NOAKES v. ROSA


54 A.D.3d 317 (2008)

862 N.Y.S.2d 573

KENNETH NOAKES, Respondent, v. JOHANNA ROSA, Appellant.

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

August 5, 2008.


This is an action to recover damages for personal injuries allegedly sustained by the plaintiff in an automobile accident. The plaintiff alleged that the defendant's car rear-ended his car. The defendant alleged that the plaintiff's car backed into her car. At the trial on the issue of liability the court admitted into evidence, over the defendant's objection, a police accident report. The report contained two opposing hearsay statements...

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