AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

ANN SMITH et al., Appellants, v. EMKAY FIFTH AVENUE, INC., Respondent.

Ordered that the judgment is affirmed, with costs.

We find that the trial court properly precluded the plaintiff from bolstering her trial testimony by use of a prior consistent statement contained in a hospital record. An impeached witness cannot be rehabilitated by his or her antecedent consistent statements unless the cross-examiner has created the inference of, or directly characterized the testimony as, a recent fabrication (see, People v. McClean, 69 N.Y.2d 426, 428). The cross-examination here was an attempt to challenge the reliability of the plaintiff Ann Smith's account of how the incident in question occurred, but was not an attempt to show that her testimony was a recent fabrication (see, Fishman v Scheuer, 39 N.Y.2d 502, 504). Sullivan, J.P., Eiber, Rosenblatt and Ritter, JJ., concur.

Use AI to get other relevant cases.

Comments

SMITH v. EMKAY FIFTH AVENUE, INC
(Apr 15, 1991)