Spiegel v. Levy

Judgment, Supreme Court, New York County (Stanley Sklar, J.), entered May 11, 1992, which, upon a jury verdict in favor of the defendants, dismissed the complaint, unanimously affirmed, without costs.

Assuming, arguendo, that when an expert testifies that he agrees only with parts of a treatise, that treatise is not deemed authoritative for the purpose of impeaching the expert with it, nevertheless, the questioning which was permitted here was proper on the entirely independent ground that it constituted questioning with regard to prior inconsistent statements. Contradictory, material…