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CALDWELL v. CABLEVISION SYS.

2009-04955, 2009-06262.

86 A.D.3d 46 (2011)

925 N.Y.S.2d 103

2011 NY Slip Op 4618

BESSIE CALDWELL et al., Appellants, v. CABLEVISION SYSTEMS CORPORATION et al., Defendants, and COMMUNICATIONS SPECIALISTS, INC., Respondent.

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

Decided May 31, 2011.

Attorney(s) appearing for the Case

Schlemmer & Maniatis, LLP and Profeta & Eisenstein ( Fred R. Profeta, Jr. of counsel), New York City, for appellants.

Wilson Elser Moskowitz Edelman & Dicker, LLP and Shaub, Ahmuty, Citrin & Spratt, LLP ( Christopher Simone and Scott Fusaro of counsel) Lake Success, for respondent.

DICKERSON, BELEN and LOTT, JJ., concur.

OPINION OF THE COURT

SKELOS, J.P.

A party who calls a witness to testify to facts within his or her knowledge is required by statute to pay that witness, inter alia, $15 for every day of his or her attendance at trial (see CPLR 8001). The question presented on this appeal is whether payment voluntarily made to a fact witness, far in excess of that mandatory witness fee, rendered the witness's testimony inadmissible or, alternatively, warranted a specific...

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