Opinion
June 17, 1996
Appeal from the Supreme Court, Kings County (Vinik, J.).
Ordered that the judgment is affirmed insofar as appealed from, with costs.
The trial court properly excluded from evidence the police accident report, since the subscribing officer did not witness the accident and was unable to indicate the actual source of the information contained in the report (see, Matter of Aetna Cas. Sur. Co. v. Stone, 170 A.D.2d 599; Gagliano v. Vaccaro, 97 A.D.2d 430; Avram v. Haddad, 88 A.D.2d 942; Murray v. Donlan, 77 A.D.2d 337). Rosenblatt, J.P., Sullivan, Copertino, Santucci and Goldstein, JJ., concur.