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Appellate Division considered whether an uncertified police accident report is admissible to prove liability in a truck accident. Yassin v. Blackman, 188 A.D.3d 62 (N.Y. App. Div. 2020)

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In Yassin v. Blackman, 188 A.D.3d 62 (N.Y. App. Div. 2020), the court addressed the admissibility of an uncertified police report in a motion for summary judgment. The issue centered on the plaintiff’s reliance on the report to establish liability in a vehicle collision involving a taxi and a truck.

In New York, an uncertified police report is an official document prepared by law enforcement after an incident, such as a car accident or a crime, but it has not been certified as a true and accurate copy by the police department. Uncertified reports are often provided to parties involved for informational purposes but may not carry the same evidentiary weight in legal proceedings as a certified police report. Certified reports are signed and bear an official seal, making them more reliable for court use.

Background Facts
The case arose from a vehicle collision between a taxi operated by the plaintiff and a truck owned by Hylan Datacom and driven by Lyndon Blackman. According to the plaintiff, the taxi was stopped at a traffic light when the truck attempted to overtake on the left, sideswiping the taxi. The defendants submitted an affidavit from the truck driver, who claimed the taxi driver suddenly moved forward and cut him off. The uncertified police accident report included a statement attributed to the truck driver that he was attempting to pass the taxi when the taxi driver cut him off. Supreme Court granted the plaintiff’s motion for summary judgment on the liability issue, and the defendants appealed.

Question Before the Court
The court needed to decide whether the trial court correctly granted summary judgment to the plaintiff. The decision depended on whether the plaintiff established liability as a matter of law and whether the uncertified police accident report could be used as evidence.

Court’s Decision
The Appellate Court reversed the trial court’s order granting summary judgment to the plaintiff. The court ruled that the uncertified police report was inadmissible as evidence, and without it, the plaintiff had not conclusively demonstrated the defendant’s liability.

Discussion
The court examined the evidentiary standards for summary judgment. To succeed on such a motion, the moving party must provide admissible evidence demonstrating entitlement to judgment as a matter of law. Admissibility of Uncertified Police Reports Under New York law, an uncertified police accident report is inadmissible unless a proper foundation is established. The report must be certified as a business record or supported by other hearsay exceptions. The report was uncertified in this case, and no foundation was laid to admit it as evidence.

Statements Within Police Reports. The plaintiff relied on a statement attributed to Blackman in the police report, which purportedly admitted fault. However, this statement constituted double hearsay: first, the report itself, and second, the statement within it. Even if a party’s admission is generally admissible, it cannot be introduced through an inadmissible report. Thus, the plaintiff’s reliance on the report was legally insufficient.

Blackman’s Affidavit and the Issue of Fact. The court found that Blackman’s affidavit created a triable issue of fact. While the plaintiff claimed the taxi was stopped at the light, Blackman asserted that the taxi had moved suddenly into his lane. This conflicting testimony prevented the court from determining liability as a matter of law.

Summary Judgment Standards. The court reiterated that granting summary judgment requires the absence of material factual disputes. Because the admissible evidence presented by the parties raised conflicting accounts of the collision, summary judgment was inappropriate.

Conclusion
The Appellate Court’s decision highlighted the importance of adhering to evidentiary rules in motions for summary judgment. Uncertified police accident reports cannot serve as a basis for summary judgment without proper authentication. Additionally, when factual disputes exist, courts must allow those issues to be resolved at trial. For individuals involved in truck accidents, navigating the complexities of liability and evidentiary requirements can be challenging. If you or a loved one has been injured in a truck accident, contact an experienced New York truck accident lawyer at Stephen Bilkis & Associates for guidance and legal representation. We are here to help you understand your rights and pursue the compensation you deserve.

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