Opinion
June 16, 1998
Appeal from the Supreme Court, New York County (Robert Best, J.).
While it was error to admit into evidence that portion of the police report containing respondent absent taxi driver's exculpatory statement regarding appellant's bus's involvement in the accident (see, Cover v. Cohen, 61 N.Y.2d 261, 274; Sansevere v. United Parcel Serv., 181 A.D.2d 521, 524), the error does not warrant reversal, because the report was cumulative of other properly admitted evidence, and the result would have been the same had the report been excluded (see, Fischl v. Carbone, 155 A.D.2d 516, citing Moore v. Maggio, 96 A.D.2d 738). We have considered appellants other arguments, including that the finding of fault as against it is against the weight of the evidence, and find them to be without merit.
Concur — Williams, J. P., Tom, Mazzarelli and Andrias, JJ.