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Sanchez v. City of New York11/18/2002
This opinion is uncorrected and subject to revision before publication in the Official Reports.
(*1)
Argued - October 17, 2002
DECISION & ORDER
(Index No. 20618/99)
In an action to recover damages for wrongful death, the plaintiff appeals from a judgment of the Supreme Court, Kings County (I. Aronin, J.), entered April 11, 2001, which, upon a jury verdict in favor of the defendants and against him on the issue of liability, dismissed the complaint.
ORDERED that the judgment is affirmed, with costs.
(*2) The trial court providently exercised its discretion in excluding certain evidence on the ground that it was irrelevant, collateral, or otherwise incompetent (see Coopersmith v. Gold, 89 NY2d 957, 959; Feldsberg v. Nitschke, 49 NY2d 636, 643). Furthermore, although an "ambulance call report" and a statement by an ambulance attendant were hearsay and, therefore, improperly admitted into evidence, the errors were harmless (see Rizzuto v. Getty Petroleum Corp., 289 AD2d 217; Barracato v. Camp Bauman Buses, 217 AD2d 677; Willinger v City of New Rochelle, 212 AD2d 526).
The plaintiff's remaining contentions are without merit.
SMITH, J.P., SCHMIDT, ADAMS and COZIER, JJ., concur.
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