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FAY v. VARGAS

1539.

67 A.D.3d 568 (2009)

888 N.Y.S.2d 405

2009 NY Slip Op 08510

WILLIAM J. FAY III, as Administrator of the Estate of EDWARD A. FAY, Deceased, Appellant, v. ENRIQUE VARGAS, Respondent Appellant.

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

Decided November 19, 2009.

The police accident report was inadmissible because it was made by an officer who did not witness the accident and it contains the hearsay, and presumably self-serving, statements of plaintiff's decedent as to the ultimate issue of fact (Holliday v Hudson Armored Car & Courier Serv., 301 A.D.2d 392, 396 [2003], lv dismissed in part and denied in part 100 N.Y.2d 636 [2003]; Kajoshaj...

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