WHEELER v. FRANK

514929.

101 A.D.3d 1449 (2012)

955 N.Y.S.2d 538

2012 NY Slip Op 8863

VALERIE A. WHEELER, Respondent, v. BRIAN FRANK et al., Appellants.

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

December 20, 2012.


Lahtinen, J.

Plaintiff commenced this personal injury action alleging that she was attacked by a dog at defendants' home. During examinations before trial, defendant Darlene Frank and her son indicated that, before testifying, they had briefly looked at statements that they had given to an insurance adjuster shortly after the incident. It is not apparent from the record, however, whether the statements were used to refresh their recollection. Plaintiff nonetheless...

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