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Vernon v. New York City Health and Hospitals

Appellate Division of the Supreme Court of New York, First Department
Nov 20, 1990
167 A.D.2d 252 (N.Y. App. Div. 1990)

Opinion

November 20, 1990

Appeal from the Supreme Court, New York County, Eve Preminger, J.


Plaintiff was severely injured when he dropped onto the tracks approximately 25 feet in front of an oncoming subway train, which had been moving at approximately 10 miles per hour. Plaintiff attempted to convince the jury that he had fallen on the tracks accidentally due to an epileptic seizure, or alternately that, if he had jumped on the tracks in an attempt at suicide, the defendant Transit Authority had sufficient notice of the likelihood that he would do so. The jury, in rendering a verdict for defendants, implicitly rejected these contentions. On appeal, plaintiff does not contend that the jury verdict was against the weight of the evidence.

The plaintiff's record includes eight convictions involving marihuana. Although the Trial Judge initially gave the impression that all eight would be admitted into evidence, this apparently was never her intention. At the conclusion of plaintiff's case, she made it clear that she would allow into evidence only one conviction prior to the accident and two convictions subsequent to the accident. Any of plaintiff's criminal convictions would have been admissible under CPLR 4513, which grants a civil litigant broad authority to use the criminal convictions of an adverse witness to impeach the credibility of that witness (see, e.g., Able Cycle Engines v. Allstate Ins. Co., 84 A.D.2d 140, 142-143, lv. denied 57 N.Y.2d 607).

We have considered plaintiff's remaining arguments and find them to be without merit.

Concur — Murphy, P.J., Kupferman, Milonas, Rosenberger and Ellerin, JJ.


Summaries of

Vernon v. New York City Health and Hospitals

Appellate Division of the Supreme Court of New York, First Department
Nov 20, 1990
167 A.D.2d 252 (N.Y. App. Div. 1990)
Case details for

Vernon v. New York City Health and Hospitals

Case Details

Full title:IVANHOE VERNON, Appellant, v. NEW YORK CITY HEALTH AND HOSPITALS…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 20, 1990

Citations

167 A.D.2d 252 (N.Y. App. Div. 1990)
561 N.Y.S.2d 751

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