Key Takeaway
Court rules that uncertified police reports containing defendant admissions are admissible evidence, even when defendant later contradicts those statements in affidavit.
Police reports often play a crucial role in personal injury litigation, but their admissibility can be complicated by certification requirements and hearsay rules. A recent Second Department decision clarifies an important exception: when a police report contains a defendant’s admission, that portion becomes admissible evidence regardless of whether the report is certified. This ruling has significant implications for plaintiffs seeking to establish liability in motor vehicle accident cases.
The case involves a pedestrian-vehicle collision where the defendant driver’s statements to police became a key piece of evidence. Understanding how courts handle business records and evidentiary standards is essential for practitioners navigating these complex admissibility issues.
Jason Tenenbaum’s Analysis:
Lesaldo v Dabas, 2016 NY Slip Op 04181 (2d Dept. 2016)
“The plaintiff’s affidavit and the police accident report, which contained the defendant’s admission to the effect that she did not see the plaintiff walking in the crosswalk as she [*2]attempted to make the left turn, were sufficient to establish, prima facie, the plaintiff’s entitlement to judgment as a matter of law (see Zhu v Natale, 131 AD3d at 608; Brown v Mackiewicz, 120 AD3d at 1173; Ramos v Bartis, 112 AD3d 804; Brown v Pinkett, 110 AD3d 1024). Contrary to the defendant’s contention, that portion of the uncertified police accident report which contained her admission was admissible (see Gezelter v Pecora, 129 AD3d 1021, 1022-1023).
In opposition, the defendant failed to raise a triable issue of fact. The defendant’s affidavit wherein she averred that the plaintiff was not crossing the street within the crosswalk and that the impact occurred at least two car lengths past the intersection contradicted her prior admission. The defendant made no effort in opposition to explain the admission in the police report or deny its accuracy”
Key Takeaway
The Second Department confirmed that uncertified police reports are admissible when they contain defendant admissions. Courts will not allow defendants to simply contradict their previous statements without explanation. This principle strengthens plaintiffs’ ability to use police reports strategically, even when facing challenges regarding the authoritative nature of such documentation in establishing liability.
