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FISHMAN v. SCHEUER

39 N.Y.2d 502 (1976)

Seymour Fishman, Individually and as Father of Judith L. Fishman, an Infant, Appellant, v. Henry Scheuer, Respondent.

Court of Appeals of the State of New York.

Decided May 6, 1976.

Attorney(s) appearing for the Case

Arthur N. Seiff, Emile Z. Berman and A. Harold Frost for appellants.

William F. McNulty and Anthony J. McNulty for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

Plaintiff's ward was struck by defendant's automobile as she was crossing the middle of a busy, crowded, city street. At trial, defendant produced an eyewitness to the accident who testified that the ward ran off the sidewalk and into the path of defendant's oncoming vehicle. The plaintiff contends that defendant was improperly permitted to bolster the testimony of this...

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