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

Summary

The Court of Appeals affirmed the Appellate Division’s order, holding that the trial court correctly excluded the agent’s out‑of‑court statement because the admissions exception applies only when the statement is made within the scope of the agent’s authority; a dissent argued the rule should be broadened and would have reversed. The majority noted the rule is widely criticized but declined to modify it, leaving any change to the Legislature.