Appellate Division of the Supreme Court of New York, 2011

Ross v. Axa Financial, Inc.

Ross v. Axa Financial, Inc.
Appellate Division of the Supreme Court of New York · Decided October 27, 2011
88 A.D.3d 626; 931 N.Y.2d 504
Ross v. Axa Financial, Inc.

Opinion of the Court

The court properly admitted the unredacted “aided report” because there was sufficient evidence that plaintiff was the source of the information therein, including the location of the accident (see Martinez v New York City Tr. Auth., 41 AD3d 174, 175 [2007]; see also McDermott v Barker, 20 AD2d 546 [1963]). In light of this and the other evidence presented at trial, the verdict was not contrary to the weight of the evidence. Concur— Andrias, J.P, Sweeny, Acosta, Freedman and Manzanet-Daniels, JJ.

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