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SPIEGEL v. LEVY

201 A.D.2d 378 (1994)

607 N.Y.S.2d 344

Lindsay Spiegel, an Infant, by Her Parents and Natural Guardians, Edward Spiegel and Another et al., Appellants, v. Stanley H. Levy et al., as Executors of Robert Landesdman, Deceased, et al., Respondents

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

February 17, 1994

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 testimony may be introduced into evidence for the purpose of impeachment (Joseph v...

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