Bernstein v. Fernandez, 649 A.2d 1064 (1991)

Citation: Bernstein v. Fernandez, 649 A.2d 1064 (1991)
Parent Document: Bernstein v. Fernandez, 649 A.2d 1064 (1991)
Jurisdiction: DC (municipal)
Effective Date: 1991-03-28
Original Source: https://www.courtlistener.com/opinion/2103411/bernstein-v-fernandez/ ↗

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H & M also claims error in the court’s exclusion of a plumbing invoice on hearsay grounds. We hold that the court could reasonably reject H & M’s contention that the invoice was offered to prove good faith repair efforts, and not the truth of the matter asserted (namely, that the pipes did not leak). We note in any event that the trial court questioned the validity of H & M’s explanation of the leaks. Furthermore, the exclusion of the invoice as hearsay (i.e., the refusal to admit it as a business record), if error, was harmless. Whether the leak in the bathroom ceiling came from pipes or from water splashed on the floor above is irrelevant; either way, water persistently leaked through the ceiling, causing serious difficulties for Mrs. Fernandez. This was a problem which the landlord had a duty to repair, regardless of its cause. H & M’s characterization of the plumbing invoice as “crucial to the defense” is, in our view, greatly exaggerated, and its exclusion does not warrant either a judgment n.o.v. or a new trial. B. The settlement breach

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