Rivera v GT Acquisition 1 Corp., 2010 NY Slip Op 03158 (1st Dept. 2010)
“The motion court properly disregarded the uncertified police report and unauthenticated photographs as they constituted inadmissible hearsay”
In all fairness to Plaintiff, the courts have really been all over the place with the necessity of a police report to be certified. On some days, they say it is admissible in accordance with CPLR 4518(a) because a foundation may be imputed based upon the duties of the police officer. Other days, the courts have held that the police report contains admissions, which are admissible against the declarant. Now today, they have held that an uncertified police report is inadmissible.
Go figure.
