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MATTER OF STATE FARM FIRE AND CASUALTY COMPANY v. JACKSON

7381N. 27149/15E.

165 A.D.3d 518 (2018)

83 N.Y.S.3d 898

2018 NY Slip Op 06981

In the Matter of State Farm Fire and Casualty Company, Respondent, v. Ambers Jackson et al., Respondents. G. Martinez, Proposed Additional Respondent; American Transit Insurance Company, Proposed Additional Respondent-Appellant.

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

Decided October 18, 2018.

The deposition testimony of respondent driver and his passenger, who were hit by another vehicle that fled the scene, was admissible under both the present sense impression exception to the hearsay rule (People v Brown, 80 N.Y.2d 729, 734-735 [1993]) and the past recollection recorded exception (see People v Somarriba, 192 A.D.2d 484, 485 [1st Dept 1993]). The testimony included photographs...

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