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PATRICIA AMANN, appellant, v. JEROME EDMONDS, ET AL., respondents.

DECISION ORDER

ORDERED that the judgment is affirmed, with costs.

Contrary to the plaintiff's contention, the trial court properly allowed a statement contained in her hospital records regarding the cause of her fall to be admitted into evidence. The statement was inconsistent with the plaintiff's position at trial and the defendants established, by the testimony of the nurse who recorded the statement, that the plaintiff was the source of the statement (see Echeverria v. City of New York, 166 A.D.2d 409; Castro v. Alden Leeds, 144 A.D.2d 613; Prince, Richardson on Evidence § 8-310, at 611 [Farrell 11th ed]). Accordingly, the statement was properly admitted into evidence (see Reed v. McCord, 160 N.Y. 330).

SANTUCCI, J.P., FLORIO, SCHMIDT and ADAMS, JJ., concur.

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AMANN v. EDMONDS
(Jun 16, 2003)