Plaintiff's post-accident statements to his domestic partner and to the responding police officer that he fell on the defendant's scaffolding on the sidewalk are not admissible under the exceptions to the rule against hearsay as excited utterances or present-sense impressions. The statements were not contemporaneous with the incident, nor were they made while plaintiff was still under the stress of excitement after the fall.
Schiff v. Intersystem S&S Corp., NY Slip Op 01294 (1st Dep't March 5, 2026)
