Legal Opinion
Harvin v. New York City Transit Authority
Appellate Division of the Supreme Court of the State of New York
Decided November 22, 1993PublishedCited by 4 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Williams, J.), dated December 12, 1990, which, upon a jury verdict, is in favor of the defendant dismissing the complaint.
Ordered that the judgment is affirmed, with costs.
We find that the trial court properly precluded the plaintiffs decedent, who was alive at the time of the trial, from bolstering her trial testimony by use of her prior consistent statements. It is well settled that an impeached witness cannot be rehabilitated by a prior consistent statement…
2Cases cited5 opinions
- People v. McDanielNew York Court of Appeals · 1993
- People v. McCleanNew York Court of Appeals · 1987
- Kupfer v. DaltonAppellate Division of the Supreme Court of the State of New York · 1991
- Kapinos v. AlvaradoAppellate Division of the Supreme Court of the State of New York · 1988
- Smith v. Emkay Fifth Avenue, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
3Cited by4 opinions
- Carr v. Burnwell Gas of Newark, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- Farrell v. GelwanAppellate Division of the Supreme Court of the State of New York · 2006
- Herrera v. V.B. Haulage Corp.Appellate Division of the Supreme Court of the State of New York · 1994
- Goldsmith v. KipnisAppellate Division of the Supreme Court of the State of New York · 2020