Ordered that the interlocutory judgment is reversed, on the law, and a new trial is granted, with costs to abide the event.
The trial court improperly ruled that the defense counsel was required to lay a foundation for the introduction of an inconsistent prior statement made by the plaintiff that was used for impeachment purposes. Where the witness sought to be discredited is a party to the action, the laying of a foundation is unnecessary, as the party's statements...
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