Legal Opinion
Caldwell v. Cablevision Systems Corp.
New York Court of Appeals
Decided February 7, 2013PublishedCited by 7 opinions
1Opinion of the Court
OPINION OF THE COURT
Pigott, J.
At issue on this appeal is whether the testimony of a subpoenaed fact witness, who receives a fee alleged to be disproportionately in excess of CPLR 8001 (a)’s mandatory fee requirement for attendance at trial, is inadmissible as a matter of law. We conclude that such testimony is generally admissible, but that the trial court should, in a proper case, charge the jury as to the witness’s potential bias, in light of the perceived excessiveness of the fee. Where, as here, the party that subpoenaed the witness offers no explanation for a fee that is seemingly in…
2Cases cited4 opinions
- Matter of RobinsonNew York Court of Appeals · 1913
- In re RobinsonAppellate Division of the Supreme Court of the State of New York · 1912
- Bergoff Detective Service, Inc. v. WaltersAppellate Division of the Supreme Court of the State of New York · 1933
- Caldwell v. Cablevision Systems Corp.Appellate Division of the Supreme Court of the State of New York · 2011
3Cited by7 opinions
- Just in Case Business Lighthouse, LLC v. MurrayColorado Court of Appeals · 2013
- Thomas v. City of New YorkDistrict Court, S.D. New York · 2013
- United States v. NoorzaiDistrict Court, S.D. New York · 2013
- Cole v. Champlain Valley Physicians' Hospital Medical CenterAppellate Division of the Supreme Court of the State of New York · 2014
- Cole v. Champlain Valley Physicians' Hospital Medical CenterAppellate Division of the Supreme Court of the State of New York · 2014
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