Battista v. Rizzi
Court: Appellate Division of the Supreme Court of the State of New York; June 17, 1996; New York; State Appellate Court
The trial court's decision to exclude the police accident report from evidence was upheld, as the officer who prepared the report did not witness the accident and could not confirm the source of the information included in the report. Relevant case law supporting this decision includes Matter of Aetna Cas. Sur. Co. v Stone, Gagliano v Vaccaro, Avram v Haddad, and Murray v Donlan. The ruling was concurred by Justices Rosenblatt, Sullivan, Copertino, Santucci, and Goldstein.