Finamore v. Key Food Cooperative Stores, Inc.

Appellate Division of the Supreme Court of New York

Finamore v. Key Food Cooperative Stores, Inc.

127 A.D.2d 817, 512 N.Y.S.2d 6, 1987 N.Y. App. Div. LEXIS 43308

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 23, 1987

StatusPublished

This text of 127 A.D.2d 817 (Finamore v. Key Food Cooperative Stores, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Finamore v. Key Food Cooperative Stores, Inc., 127 A.D.2d 817, 512 N.Y.S.2d 6, 1987 N.Y. App. Div. LEXIS 43308 (N.Y. Ct. App. 1987).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Hurowitz, J.), dated May 31, 1985, which, after a nonjury trial, and upon granting the defendant’s motion to dismiss the complaint, is in favor of the defendant.

Ordered that the judgment is affirmed, with costs.

The challenged questions asked by counsel for the defendant during her cross-examination of the plaintiff were asked in good faith and were clearly relevant to the issue of the plaintiff’s credibility. Thus, the trial court did not abuse its discretion by permitting these inquiries (see, People v Caviness, 38 NY2d 227). The questions were also relevant to a material issue in the case, as was the extrinsic evidence offered by the defendant in contradiction of the plaintiff’s testimony. As a consequence, the rule prohibiting a cross-examiner from refuting a witness’s answers on collateral matters by producing extrinsic evidence was not violated (see, Richardson, Evidence § 491 [Prince 10th ed]). Finally, none of the questions asked during this nonjury trial was so prejudicial as to have denied the plaintiff a fair trial. Bracken, J. P., Brown, Rubin and Spatt, JJ., concur.

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In a negligence action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Hurowitz, J.), dated May 31, 1985, which, after a nonjury trial, and upon granting the defendant’s motion to dismiss the complaint, is in favor of the defendant.

Ordered that the judgment is affirmed, with costs.

The challenged questions asked by counsel for the defendant during her cross-examination of the plaintiff were asked in good faith and were clearly relevant to the issue of the plaintiff’s credibility. Thus, the trial court did not abuse its discretion by permitting these inquiries (see, People v Caviness, 38 NY2d 227). The questions were also relevant to a material issue in the case, as was the extrinsic evidence offered by the defendant in contradiction of the plaintiff’s testimony. As a consequence, the rule prohibiting a cross-examiner from refuting a witness’s answers on collateral matters by producing extrinsic evidence was not violated (see, Richardson, Evidence § 491 [Prince 10th ed]). Finally, none of the questions asked during this nonjury trial was so prejudicial as to have denied the plaintiff a fair trial. Bracken, J. P., Brown, Rubin and Spatt, JJ., concur.

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Bluebook (online)

127 A.D.2d 817, 512 N.Y.S.2d 6, 1987 N.Y. App. Div. LEXIS 43308, Counsel Stack Legal Research, https://law.counselstack.com/opinion/finamore-v-key-food-cooperative-stores-inc-nyappdiv-1987.

Opinion

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