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Is a FOIL report of stranger calling EMS for my accident accmisable at trial or considered hearsay also?

March 28, 2018

Question

My trip fall was seen by some passerby strangers and they called 911 I am wondering if the descritions on the report can be of value to my case

Answer

911 call transcripts are admissible in NY as an exception to the hearsay rule, either as an 'excited utterance' or 'present sense impression'. A FOIL report of a call- if certified - will be admissible, but of little value without the content of the call itself... If it indicates the name of the caller, then you at least have a witness's name.

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