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REYNALDO SANCHEZ, ETC., APPELLANT, v. CITY OF NEW YORK, ET AL., RESPONDENTS.

DECISION ORDER

ORDERED that the judgment is affirmed, with costs.

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 N.Y.2d 957, 959; Feldsberg v. Nitschke, 49 N.Y.2d 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 A.D.2d 217; Barracato v. Camp Bauman Buses, 217 A.D.2d 677; Willinger v. City of New Rochelle, 212 A.D.2d 526).

The plaintiff's remaining contentions are without merit.

SMITH, J.P., SCHMIDT, ADAMS and COZIER, JJ., concur.

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SANCHEZ v. CITY OF NEW YORK
(Nov 18, 2002)