Joseph Loschiavo, Appellants v. Port Authority of New York and New Jersey, Defendant, and National Airlines…

Summary

The New York Court of Appeals affirmed the Appellate Division's exclusion of the plaintiff's testimony, holding that under New York's hearsay rule an agent's out‑of‑court statement is admissible against the employer only when made within the scope of the agent's authority. A dissent argued the rule should be abandoned and the testimony admitted.