DEVORE v. NEW YORK CITY TRANSIT AUTHORITY


293 A.D.2d 385 (2002)

741 N.Y.S.2d 205

PRINGLE DEVORE, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided April 23, 2002.


Plaintiff argues that two written pretrial statements given by a nonparty eyewitness about a month after the accident, to the effect that plaintiff had been laying on the tracks for a full minute before the train struck him, are probative of the ample time the train operator had to stop the train before it hit plaintiff and are inconsistent with the witness's trial testimony. While the statements were admitted for purposes of impeachment, they were excluded as evidence-in...

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