Practice point: An unsworn accident report is not evidence in admissible form sufficient to defeat a summary judgment motion.
Students should note that the report may be admissible as a business record, pursuant to CPLR 4518(a), if it (1) was required as a condition of employment, (2) was made at or about the time of the accident, and (3) was maintained in the regular course of business.
Case: Harrison v. Bailey, NY Slip Op 09221 (2d Dept. 2010)
Here is the decision.
Tomorrow’s issue: Corporations.
