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CAPLAN v. CITY OF NEW YORK

34 A.D.2d 549 (1970)

Murray Caplan, Respondent, v. City of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 13, 1970

Order affirmed, with costs.

We are of the opinion that it was prejudicial error not to admit into evidence a prior statement subscribed by the witness Kaufman in order to impeach his credibility. The prior statement contradicts the testimony given by the witness at the trial. It is admissible even though the party seeking to impeach his credibility is the one who called him as a witness (CPLR 4514; Larkin v. Nassau Elec...

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