New York Law Review

Loschiavo v. Port Auth. of New York & New Jersey, 58 N.Y.2d 1040 (1983): Admissibility of Agent’s Hearsay Statements

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Loschiavo v. Port Auth. of New York & New Jersey, 58 N.Y.2d 1040 (1983)

Under New York’s hearsay rule, an agent’s out-of-court statement is admissible against the principal as an admission only if making the statement falls within the scope of the agent’s authority.

Summary

In a negligence action, the New York Court of Appeals affirmed the lower court’s decision to exclude a statement made by an airline employee because the employee lacked the authority to make such statements on behalf of the airline. The court adhered to the existing New York rule that for an agent’s hearsay statement to be admissible against their employer, the statement’s making must be within the scope of the agent’s authority. The court acknowledged criticism of this rule but deferred to the legislature to make any changes.

Facts

The plaintiffs, Joseph Loschiavo et al., sued the Port Authority and National Airlines for negligence. During the trial, the plaintiffs attempted to introduce an out-of-court statement made by an employee of National Airlines. The specific content of the statement and its relevance to the negligence claim are not detailed in the memorandum opinion, but the key fact is that the trial court excluded the statement.

Procedural History

The trial court excluded the testimony. The Appellate Division affirmed this decision, and the plaintiffs appealed to the New York Court of Appeals. The Court of Appeals affirmed the Appellate Division’s order.

Issue(s)

Whether an out-of-court statement made by an agent is admissible against their principal as an exception to the hearsay rule, even if the making of the statement was not within the scope of the agent’s authority.

Holding

No, because under New York’s existing hearsay rule, an agent’s statement is admissible against their employer only if making the statement is an activity within the scope of their authority.

Court’s Reasoning

The Court of Appeals upheld the long-standing New York rule regarding the admissibility of an agent’s hearsay statements. The court explicitly stated, “Pursuant to this rule, the hearsay statement of an agent is admissible against his employer under the admissions exception to the hearsay rule only if the making of the statement is an activity within the scope of his authority.” The court acknowledged that this rule has been

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