HARVIN v. NEW YORK CITY TRANSIT AUTH.


198 A.D.2d 401 (1993)

603 N.Y.S.2d 893

Harry Harvin, as Administrator of The Estate of Patricia Harvin, Deceased, Appellant, v. New York City Transit Authority, Respondent

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

November 22, 1993


Ordered that the judgment is affirmed, with costs.

We find that the trial court properly precluded the plaintiff's decedent, who was alive at the time of the trial, from bolstering her trial testimony by use of her prior consistent statements. It is well settled that an impeached witness cannot be rehabilitated by a prior consistent statement unless the cross-examiner has created the inference of, or directly characterized, the witness's testimony as a recent fabrication...

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