Practice point: A police accident report is inadmissible if it was made by an officer who did not witness the accident and it contains the hearsay statements of plaintiff's decedent as to the ultimate issue of fact.
Practitioners should note that the officer's affidavit vouching for the report’s truth does not make the report admissible.
Case: Fay v. Vargas, NY Slip Op 08510 (1st Dept. 2009)
The opinion is here.
Monday’s issue: School Law.
