Appellate Division of the Supreme Court of New York, 2017

Jenkins v. Maggies Paratransit Corp.

Jenkins v. Maggies Paratransit Corp.
Appellate Division of the Supreme Court of New York · Decided June 8, 2017 · Tom, Sweeny, Andrias, Moskowitz, Mánzanet-Daniels
2017 NY Slip Op 4546; 151 A.D.3d 484; 53 N.Y.S.3d 532
Jenkins v. Maggies Paratransit Corp.

Opinion

*485 Order, Supreme Court, Bronx County (Donna M. Mills, J.), entered April 8, 2016, which denied plaintiff’s motion for summary judgment, unanimously affirmed, without costs.

Plaintiff failed to establish prima facie that a vehicle operated by defendant Chatham made an unsafe lane change. Although eyewitnesses testified that an Access-A-Ride vehicle struck plaintiff’s motorcycle, they did not identify the driver. The amended police accident report is inadmissible hearsay, since it was made by a police officer who did not witness the accident (Kajoshaj v Greenspan, 88 AD2d 538 [1st Dept 1982]). Nor does the traffic summons issued to Chatham constitute evidence.

Concur—Tom, J.P., Sweeny, Andrias, Moskowitz and Mánzanet-Daniels, JJ.

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