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MARSHALL v. HANDLER

237 A.D.2d 158 (1997)

654 N.Y.S.2d 754

Audrey Marshall, Respondent, v. Lillian Handler et al., Appellants

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

March 13, 1997

The testimony of plaintiff's rebuttal witness was properly admitted for purposes of impeachment since it was not collateral but related to the hostility of defendants' witness (see, Badr v Hogan, 75 N.Y.2d 629, 635). While a small portion of this witness's testimony concerned notice of the defective condition claimed by plaintiff and should have been adduced in her case-in-chief...

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