FRANK v. McCUTCHEON


29 A.D.3d 470 (2006)

816 N.Y.S.2d 680

EVELYN FRANK, Appellant, v. EDDIE McCUTCHEON et al., Respondents, et al., Defendants.

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

May 25, 2006.


Plaintiff was properly impeached by her prior conviction, the underlying facts, and her violation of probation (CPLR 4513; Sansevere v United Parcel Serv., 181 A.D.2d 521 [1992]; Vernon v New York City Health & Hosps. Corp., 167 A.D.2d 252 [1990]). Affidavits submitted by physicians on plaintiff's behalf in connection with prior litigation, which asserted facts at variance with her present...

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