Legal Opinion · Dissent

Donahue v. Quikrete Companies

Appellate Division of the Supreme Court of the State of New York

Decided June 10, 2005No. Appeal No. 2Published

1Dissent

Green, J.P. (dissenting).

I respectfully dissent. In this vigorously contested case, it was error for Supreme Court to allow defendants’ attorney to cross-examine plaintiff about a 17-year-old allegation that plaintiff attempted to bribe a police officer at the time he had been arrested for a misdemeanor charge. The record fails to demonstrate a good-faith basis for that cross-examination or a reasonable factual basis for the allegation (see People v Crawford, 256 AD2d 141, 143 [1998]; Dance v Town of Southampton, 95 AD2d 442, 453 [1983]). In his offer of proof, defendants’ attorney made vague…

2Cases cited12 opinions

  1. In re PadillaNew York Court of Appeals · 1986
  2. People v. CookNew York Court of Appeals · 1975
  3. People v. HuntleyNew York Court of Appeals · 1983
  4. People v. HuntleyAppellate Division of the Supreme Court of the State of New York · 1982
  5. Dance v. Town of SouthamptonAppellate Division of the Supreme Court of the State of New York · 1983

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