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SMITH v. EMKAY FIFTH AVE., INC.

172 A.D.2d 656 (1991)

Ann Smith et al., Appellants, v. Emkay Fifth Avenue, Inc., Respondent

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

April 15, 1991

Ordered that the judgment is affirmed, with costs.

We find that the trial court properly precluded the plaintiff from bolstering her trial testimony by use of a prior consistent statement contained in a hospital record. An impeached witness cannot be rehabilitated by his or her antecedent consistent statements unless the cross-examiner has created the inference of, or directly characterized the testimony as, a recent fabrication...

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