Smith v. Emkay Fifth Avenue, Inc.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of *657the Supreme Court, Kings County (Garry, J.), dated July 21, 1989 which, upon a jury verdict, is in favor of the defendant and against them on the issue of liability.

Ordered that the judgment is affirmed, with costs.

We find that the trial court properly precluded the plaintiff from bolstering her trial testimony by use of a prior consistent statement contained in a hospital record. An impeached witness cannot be rehabilitated by his or her antecedent consistent statements unless the…