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BRUCE MARCUS, Appellant, v. MELVIN GREENWALD, Respondent.

Judgment of the Supreme Court, Kings County, entered May 17, 1966, reversed, on the law, and new trial granted, with costs to abide the event. No questions of fact were considered. In our opinion it was reversible error to allow in evidence, as part of a record made in the ordinary course of business, that portion of the police officer's motor vehicle accident report which expressed his opinion as to the cause of the accident ( Greene v. Ingoglia, 25 A.D.2d 773). Brennan, Acting P.J., Rabin, Hopkins, Benjamin and Munder, JJ., concur.

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MARCUS v. GREENWALD
(Jun 5, 1967)