MILLER v. LEWIS

11358/09

40 Misc.3d 499 (2013)

963 N.Y.S.2d 533

2013 NY Slip Op 23134

SHIRLEY MILLER, by YEHUDA MILLER et al., Guardians of the Person and Property of SHIRLEY MILLER Pursuant to the Laws of the State of Israel, Plaintiffs, v. HENRY F. LEWIS et al., Defendants.

Supreme Court, Kings County.

Decided March 20, 2013.


Attorney(s) appearing for the Case

Cozen O'Connor , New York City ( Eric Berger of counsel), for defendants. Torgan Cooper & Aaron, PC., New York City ( Evan Torgan of counsel), for plaintiffs.


OPINION OF THE COURT

LEON RUCHELSMAN, J.

The defendants have moved seeking to prevent the plaintiff from introducing evidence of the postaccident conduct of Henry Lewis. The plaintiff opposes the motion arguing such introduction is proper as admissions by conduct and as evidence of fabrications. Papers were submitted by the parties and arguments held. After reviewing all the arguments this court now makes...

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