Incident Report on Worker's Fall Properly Excluded From Evidence as Hearsay

A New York appellate court ruled that an incident report describing a construction worker’s fall was properly excluded from evidence. Case: DeBenedetto v. Kingswood Partners LLC, No. 2019-07729, 06/01/2022, published. Facts: Gary DeBenedetto worked for the Accurate Plumbing and Heating Corp. While he was installing a water heater at a construction site, DeBenedetto allegedly slipped and fell, suffering injuries. The property was owned by Kingswood Partners LLC and leased to the TJX Cos. Inc. Schimenti Construction Co. LLC was the general contractor for the project. DeBenedetto testif...