ROSARIO v. CARASSONE


5 A.D.3d 295 (2004)

773 N.Y.S.2d 538

JENNIFER ROSARIO et al., Respondents, v. JAMES CARASSONE et al., Appellants.

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

March 25, 2004.


The trial court properly precluded defendants from impeaching plaintiff's mother's testimony with hearsay statements contained in her deposition testimony. The question put to the mother at trial was whether plaintiff had suffered a previous injury to her foot when she fell in school a few weeks before her fall on defendants' premises. The mother answered that her daughter "said that it hurt but nothing specific." This answer was consistent with the mother's direct testimony...

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