Miller v. Lewis

*500OPINION OF THE COURT

Leon Ruchelsman, J.

The defendants have moved seeking to prevent the plaintiff from introducing evidence of the postaccident conduct of Henry Lewis. The plaintiff opposes the motion arguing such introduction is proper as admissions by conduct and as evidence of fabrications. Papers were submitted by the parties and arguments held. After reviewing all the arguments this court now makes the following determination.

On December 19, 2008 the plaintiff Shirley Miller was hit by a truck driven by defendant Henry Lewis at the intersection of Ninth Avenue and West 48th Street in New…