Boolbol v. Paradigm Management Group, LLC

Judgment, Supreme Court, New York County (Frank P. Nervo, J.), entered February 3, 2015, upon a jury verdict, in defendants’ favor, unanimously affirmed, without costs.

The trial court properly ruled that the statement in an ambulance report that plaintiff “lost his footing going down the steps” was inadmissible as a prior consistent statement (see People v McDaniel, 81 NY2d 10, 18 [1993]). There was evidence at trial that plaintiff’s fall was the result not of an accident but of a voluntary leap down the stairs, but plaintiff’s motive to fabricate had arisen at the moment that he landed and…