Legal Opinion
Graves v. American Express
Appellate Terms of the Supreme Court of New York
Decided November 24, 1997PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Judgment unanimously reversed, without costs, and matter remanded to the court below for a new trial.
*286Cross-examination of an adverse witness is a matter of right in every trial of a disputed issue of fact (Friedel v Board of Regents, 296 NY 347, 352; Hill v Arnold, 226 AD2d 232). Also, cross-examination is the principal means by which the believability of a witness and the truth of testimony is tested (Davis v Alaska, 415 US 308, 315-316).
A review of the record on appeal indicates that the court below prohibited defendant from cross-examining plaintiff since it…
2Cases cited3 opinions
- Davis v. AlaskaSupreme Court of the United States · 1974
- Matter of Friedel v. Board of RegentsNew York Court of Appeals · 1947
- Hill v. ArnoldAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by5 opinions
- Romeo v. SherryDistrict Court, E.D. New York · 2004
- Michael E. Hitchens v. Collection Specialists, Inc.Indiana Court of Appeals · 2014
- Murov v. CelentanoAppellate Terms of the Supreme Court of New York · 2003
- Hughes v. ElliottAppellate Terms of the Supreme Court of New York · 2003
- Mujica v. Jerome-HumanAppellate Terms of the Supreme Court of New York · 2019