HERNANDEZ v. TEPAN

2011-08766.

92 A.D.3d 721 (2012)

938 N.Y.S.2d 475

2012 NY Slip Op 1211

NOEL HERNANDEZ, Appellant, v. JULIO TEPAN, Respondent.

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

Decided February 14, 2012.


Ordered that the order is affirmed, with costs.

The plaintiff failed to establish his prima facie entitlement to judgment as a matter of law on the issue of liability (see Alvarez v Prospect Hosp., 68 N.Y.2d 320 [1986]). As the defendant correctly contends, the police accident report submitted by the plaintiff in support of the plaintiff's motion for summary judgment on the issue of liability constituted inadmissible hearsay...

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