Spanier v. New York City Transit Authority

—Order, Supreme Court, New York County (William Davis, J.), entered on or about June 8, 1994, which denied plaintiffs motion to set aside so much of the jury verdict as awarded $5,000 in damages to plaintiff and for a new trial on the issue of damages, unanimously affirmed, without costs.

The IAS Court properly allowed defendant’s counsel to ask plaintiff’s treating physician about prior allegations of improper billing, and other misconduct, since those allegations had a bearing on the doctor’s credibility (Badr v Hogan, 75 NY2d 629, 634). Plaintiff complains about counsel’s reference during…