Jenkins v. Maggies Paratransit Corp.

2017 NY Slip Op 4546, 151 A.D.3d 484, 53 N.Y.S.3d 532

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: June 8, 2017
• Docket: 4194
• Status: Published

Opinion

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.