Joseph v. Nucci, by His Guardian, Linda Nucci, Appellants, v. Gilbert P. Proper, Respondents

Summary

The New York Court of Appeals affirmed the Appellate Division’s exclusion of out‑of‑court statements offered by the plaintiff’s cousin, holding that Letendre does not create a hearsay exception based solely on witness availability. The Court required reliability factors for admissibility and therefore upheld the verdict for the defendants.