Evidence · MBE-tested

Willie R. Jenkins, Appellant, v. Maggies Paratransit Corp. et al., Respondents

151 A.D.3d 48453 N.Y.S.3d 532·New York Supreme Court, Appellate Division·2017·NY

Concur—Tom, J.P., Sweeny, Andrias, Moskowitz and Mánzanet-Daniels, JJ.

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Opinion

Willie R. Jenkins, Appellant, v Maggies Paratransit Corp. et al., Respondents. [53 NYS3d 532] [MAJORITY] 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.