Appellate Division of the Supreme Court of New York, 2002

Sanchez v. City of New York

Appellate Division of the Supreme Court of New York · Decided November 18, 2002

299 A.D.2d 475; 749 N.Y.S.2d 744

Cases that cite this one

1 later published case cites this decision.

Dank v. Sears Holding Management Corp. (Appellate Division of the Supreme Court of New York 2012)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

In an action to recover damages for wrongful death, the plaintiff appeals from a judgment of the Supreme Court, Kings County (I. Aronin, J.), entered April 11, 2001, which, upon a jury verdict in favor of the defendants and against him on the issue of liability, dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

The trial court providently exercised its discretion in exclud*476ing certain evidence on the ground that it was irrelevant, collateral, or otherwise incompetent (see Coopersmith v Gold, 89 NY2d 957, 959; Feldsberg v Nitschke, 49 NY2d 636, 643). Furthermore, although an “ambulance call report” and a statement by an ambulance attendant were hearsay and, therefore, improperly admitted into evidence, the errors were harmless (see Rizzuto v Getty Petroleum Corp., 289 AD2d 217; Barracato v Camp Bauman Buses, 217 AD2d 677; Willinger v City of New Rochelle, 212 AD2d 526).

The plaintiff’s remaining contentions are without merit. Smith, J.P., Schmidt, Adams and Cozier, JJ., concur.

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