Admission Deemed Inadmissible Hearsay Because No Speaking Authority
           The Appellate Division, Third Department, determined that maintenance personnel, Vincent Meyers, employed by defendant owner/landlord of two-family home, did not have speaking authority in which to find his statement admissible as a party admission.Â
           In Raczes v. Horne, 2009 Slip Op. 09590 (3d Dept. Dec. 24, 2009), plaintiff asserted that while descending the apartment stairs, the railing she was holding pulled away from the wall, causing her to fall down the stairs and sustain injuries. Defendant moved for summary judgment and the court found that defendant had satisfied the threshold burden of establishing that the premises was maintained in a reasonably safe condition and defendant neither had actual nor constructive notice of the defect. Plaintiff failed to raise a triable issue of fact supporting her claim that defendant had actual and/or constructive notice of the faulty railing. In opposition to defendant’s motion, plaintiff principally relied upon her claim that Meyers told her that “this was the third time that I fixed this railing and I’m getting sick of it!â€Â However, since plaintiff failed to produce any evidence as to the speaking authority of Meyers, the statement was properly found to be inadmissible hearsay and the court found that the complaint was properly dismissed.
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