...segregate funds, but he characterized his behavior as "negligent failure" only, and urged this court to accept his self-serving statement of his intent as the best evidence of that intent. We decline to do...

...have met its initial burden by tendering evidence that it did not repair the sidewalk, although its evidence — essentially a single self-serving statement by one of its assistant managers that...Amalgamated had no record of any sidewalk repairs or City notices of violations — was not conclusive. Plaintiff `s statement in her affidavit that she had observed appellant's employees repairing public...," completely discounts plaintiff's affidavit and the photographs, which suggest that a repair was undertaken, and crosses the line between issue identification and issue determination. Plaintiff's statement...

...of collateral statements of a self-serving character. For example, in the statement "John and I robbed the bank," the words "John and" are neutral (save for the possibility of conspiracy charges). On...the other hand, the statement "John, not I, shot the bank teller" is to some extent self-serving and therefore might be inadmissible. See C. McCormick, Law of Evidence § 256, pp. 552-553 (1954) (hereinafter McCormick). Professor Jefferson took the narrowest approach, arguing that the reliability of a statement against...suggests that not all collateral statements are admissible. The Note refers, for example, to McCormick's treatise, not to Wigmore's, for guidance as to the "balancing of self-serving against dis[serving] aspects of a declaration." 28 U.S.C. App., p. 790. As noted supra, at 611-612, Wigmore's approach would allow the admission of "every fact contained in the same statement," but...

...-104 police accident report. The unsworn, self-serving statement in the MV-104 by the plaintiff's decedent that the defendants' vehicle hit his vehicle was insufficient as a matter of law to raise a...

...statement in the report allegedly made by the defendant that the plaintiffs car backed into her car. This was a self-serving statement that did not fall within a hearsay exception ( see Casey v Tierno...accident report. The report contained two opposing hearsay statements regarding how this accident allegedly occurred. It also contained a statement allegedly made by the defendant that she was upset...business record exception to the hearsay rule ( see Johnson v Lutz, 253 NY 124). The statement in the report that the defendant "rearended...

...defendant did testify later) the prosecutor objected. This on the ground defendant was attempting to show a self-serving statement. The court ruled defense counsel could not cross-examine officer Karabas...this was not, "defendant may not create evidence by adducing testimony of his own self-serving act or declaration...". State v. Brown, 312 S.W.2d 818[8, 9] (Mo. 1958). To the same effect see State v. Sempsrott, 587 S.W.2d 630[6-9] (Mo.App. 1979). The court did not err in barring cross-examination of the officer as to defendant's self-serving statement. Affirmed. REINHARD, P. J., and SNYDER and CRIST, JJ., concur. .... On this appeal defendant raises a single point. Arresting officer William Karabas had testified for the state to arresting and searching defendant but not to any statement made by him...

...defendant. H.S.R. Buffinton R.C. Westgate, for the plaintiff. Evidence, Self-serving statement. Practice...plaintiff and her husband and to try to "patch up the differences" between them, such evidence being merely of a self-serving statement by the defendant, not made in the presence of the plaintiff. At...him and the plaintiff. There was no error in the exclusion of this offer of proof. It was a self-serving statement by the defendant, not made in the presence of the plaintiff, and falls within no one...

..., defendant proffered nothing to substantiate his claim that he would have accepted the plea. Defendant's self-serving statement that he would have accepted the plea despite his claimed innocence, without...

...error was shown where appellant made no objection to the belated certification at the time and does not contend that it was incorrect. 3. EVIDENCE — HEARSAY — SELF-SERVING STATEMENT. — The court was...correct in sustaining the objection to the testimony of appellant's sister that appellant called her on the evening of the robbery and stated that he was in Memphis, the self-serving statement being...was in Memphis. The court sustained the State's objection to the latter statement. The court's ruling was correct, the self-serving statement being hearsay. It is argued, however...

...she fails to provide any evidence of treatment, other than her own self-serving statement. Moreover, respondent lists a host of drugs which she was prescribed, but provides no pharmacy records..., medical documentation, or any testimony whatsoever of any therapist or doctor who prescribed these medications or provided treatment for her alleged depression. Thus, other than respondent's self-serving.... However, in this case, due to respondent's failure to provide any specific medical evidence to corroborate what could be only a self-diagnosis, in addition to respondent's complete disregard for and...

...process that relates to the period of time when Hall was covered. See Kemp, 522 F.2d at 969. At most, it includes a self-serving statement by...acceptable clinical and laboratory diagnostic techniques." 42 U.S.C. § 423(d)(3). A claimant's self-serving statement, unsupported by objective findings, does...abrogate the Secretary's responsibilities with respect to social security claimants. A general statement that a claimant may engage in "sedentary" work, without testimony by a vocational expert who can...

...further states and alleges that paragraph two (2) is a self-serving statement and that the question of intent is a factual question for jury determination. 3. The...

...certain self-serving, exculpatory statements to her ( see People v Hughes, 228 AD2d 618; People v Williams, 203 AD2d 498). "`The general rule is that a party's self-serving statement is...

...committed the crimes of which he was convicted. "The general rule is that a party's self-serving statement is inadmissible at trial when offered in his or her favor, and it may not be..., 249 AD2d 496). The statements were self-serving and irrelevant to any genuine issue at trial, and were offered to evoke sympathy from the jury. Thus, the court properly precluded their admission ( see People v. Valderrama, 285 AD2d 902, 904). ...defendant contends that the County Court erred in refusing to permit the admission into evidence of his statement to police made 12 hours after the crime. He also argues that the County Court improperly...

...cannot be characterized as "conclusory" or dismissed as self-serving merely because it proceeds from an acquaintance. "Rather, it must be regarded as indicative of the evidence to be adduced at trial from a competent witness" (Harris v. City of New York, 147 A.D.2d 186, 189 [parent's statement]; Butler.... Helmsley Spear, Inc., 198 A.D.2d 131 [plaintiff's self-serving statement sufficient to raise issue of fact...ordinarily be determined on a motion for summary judgment, where, as here, the self-serving affidavits submitted by plaintiff in opposition clearly contradict plaintiff's own deposition testimony and can only...

...again merely proffers his self serving statement that the grievance procedure was not available to him; Plaintiff has not provided the Court with any evidence that he was impeded from using the grievance...assault. (Id. at 14). Additionally, the Magistrate Judge noted, "Other than Plaintiff's complaint and his self serving statements, there is no record or documentation that Plaintiff ever complained...

.... The Supreme Court properly precluded the defense from presenting a witness who would purportedly testify that the defendant made a certain self-serving, exculpatory statement to...him. “The general rule is that a party's self-serving statement is inadmissible at trial when offered in his or her favor, and it may not be introduced either through the testimony of the party or...defendant's contention, the proffered statement was not evidence of his state of mind, but rather a factual assertion which constituted inadmissible hearsay ( see...

.... Mackenzie, 239 N.Y. 267, 269-270). However self-serving it might appear, plaintiff's 50-h hearing testimony constitutes competent evidence, sufficiently probative to raise a question of fact regarding whether defendant's employee had notice of a hazardous condition on the premises (see, Harris v. City of New York, 147 A.D.2d 186, 189 [parent's statement]; Butler...., 198 A.D.2d 131 [plaintiff's self-serving statement]). THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT. ...is subsequently contradicted by a self-serving affidavit in opposition to the motion (Joe v. Orbit Indus., 269 A.D.2d 121, 122...