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Cases cited for the legal proposition you have searched for.

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1

...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...


Court: United States Court of Appeals, Ninth Circuit.
Date: May 2, 1985 Cited By: 485 Coram: 1
2

...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...


Court: Appellate Division of the Supreme Court of New York, First Department.
Date: Oct 17, 2002 Cited By: 406 Coram: 1
3

...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...


Court: U.S. Supreme Court
Date: Jun 27, 1994 Cited By: 917 Coram: 8
4

...-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...


Court: Appellate Division of the Supreme Court of New York, Second Department.
Date: Dec 20, 2004 Cited By: 32 Coram: 2
5

...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...


Court: Appellate Division of the Supreme Court of New York, Second Department.
Date: Aug 5, 2008 Cited By: 40 Coram: 2
6

...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...


Court: Missouri Court of Appeals, Eastern District, Division Three.
Date: May 17, 1982 Cited By: 2 Coram: 1
7

...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...


Court: Supreme Judicial Court of Massachusetts. Bristol.
Date: Nov 29, 1932 Cited By: 1 Coram: 1
8

..., 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...


Court: Court of Appeals of the State of New York.
Date: Sep 13, 2005 Cited By: 36
9

...debtor's actions "appear so inconsistent with [his] self-serving statement of intent that the proof leads the court to disbelieve the debtor." In re Hunt, 30 B.R. 425, 441...— (A) false pretenses, a false representation, or actual fraud, other than a statement respecting the debtor's or an insider's financial condition...


Court: United States Court of Appeals, Eighth Circuit.
Date: Jul 22, 1987 Cited By: 513 Coram: 1
10

...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...


Court: Supreme Court of Arkansas (Division I)
Date: Oct 17, 1977 Cited By: 17 Coram: 1
11

...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...


Court: SUPREME COURT OF LOUISIANA
Date: Nov 7, 2016 Cited By: 2 Coram: 1
12

...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...


Court: United States Court of Appeals, Ninth Circuit.
Date: Aug 27, 1979 Cited By: 292 Coram: 1
13

...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...


Court: District Court of Appeal of Florida, Fourth District.
Date: Aug 27, 1980 Cited By: 8 Coram: 1
14

...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...


Court: Appellate Division of the Supreme Court of New York, Second Department.
Date: Dec 28, 2010 Cited By: 19 Coram: 4
15

...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...


Court: Appellate Division of the Supreme Court of New York, Second Department.
Date: Apr 11, 2006 Cited By: 5 Coram: 1
16

...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...


Court: Appellate Division of the Supreme Court of New York, First Department.
Date: Jul 19, 2001 Cited By: 151 Coram: 1
17

...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...


Court: United States District Court, S.D. Georgia, Dublin Division.
Date: Sep 4, 2008 Cited By: 18 Coram: 1
18

.... 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...


Court: Supreme Court, Appellate Division, Second Department, New York.
Date: Apr 24, 2012 Cited By: 6 Coram: 4
19

..."self-serving allegations"); BMG Music v. Martinez, 74 F.3d 87, 91 (5th Cir. 1996) (explaining that a "conclusory, self-serving statement" by...his alleged comments as sexual harassment. Jackson's self-serving statements that he did not commit sexual harassment are insufficient to create a triable issue of fact as to...behave inappropriately is irrelevant, since he has provided no evidence to suggest that Cal-Western's decision to trust the results of the two investigations, rather than his self-serving denial of...


Court: United States Court of Appeals, Fifth Circuit.
Date: Mar 26, 2010 Cited By: 626 Coram: 1
20

.... 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...


Court: Appellate Division of the Supreme Court of New York, First Department.
Date: Jun 20, 2002 Cited By: 74

Cases cited for the legal proposition you have searched for.

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