Police Report Archives - Pospis Law, PLLC

August 4, 2024 by mjpospis

The Police Report in New York Personal Injury Litigation

The police accident report, known in New York as a Form MV-104, is a document typically used in motor vehicle accident litigation. It memorializes various pieces of information relevant to the accident, including (among other things): When the accident occurred; Who was involved in the accident; Where the accident occurred; Descriptions of the involved vehicles;…

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September 25, 2020 by mjpospis

2nd Dept. Discusses Admissibility of Uncertified Police Reports in Personal Injury Case

In Yassin v. Blackman, No. 2019-04138, 2020 N.Y. Slip Op. 05090, 2020 WL 5648349 (N.Y.A.D. 2 Dept., Sep. 23, 2020) – a personal injury motor vehicle accident case – the Appellate Division, Second Department clarified its “case law regarding the admissibility of a party’s statement recorded in an uncertified police report” and held “that, absent…

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December 31, 2015 by mjpospis

Plaintiff Awarded Summary Judgment in Auto Accident Case Where Defendant’s “Sneezing Fit” Was Documented in Police Report

Negligence cases, particularly those arising from car accidents, involve many facts, and hence questions of fact that are typically for a jury. However, there are situations where a plaintiff might be entitled to judgment as a matter of law. One example of such a situation is the case of State Farm Fire & Cas. Co. v.…

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October 26, 2015 by mjpospis

Improperly-Admitted Redacted Police Accident Report Results in New Trial Following Defense Verdict in Personal Injury (Pedestrian Knockdown) Case

In car accident litigation, a police report often supplies useful information. But is it admissible in court? That was an issue addressed by the Second Department in Memenza v. Cole, 2015 NY Slip Op 06789 (App. Div. 2d Dept. Sept. 16, 2015). The court summarized the law as follows: Facts stated in a police report…

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