FERRI v. FERRI


60 A.D.3d 625 (2009)

___ N.Y.S.2d ___

DONNA ELLIOT FERRI, Respondent, v. ANTHONY S. FERRI, Appellant.

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

Decided March 3, 2009.


Ordered that the judgment is affirmed insofar as appealed from; and it is further;

Ordered that the order is affirmed; and it is further;

Ordered that one bill of costs is awarded to the plaintiff.

The Supreme Court properly permitted the defendant to be treated as a hostile witness at the trial. Where, as here, "an adverse party is called as a witness, it may be assumed that such adverse party is a hostile witness, and, in the discretion of the court...

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