Andy
Take a look at Yarborough v Cattani decision. 43 Misc 3d 785.
It was my case. I made a motion in limine before the trial to prevent plaintiffs counsel from questioning my client physician on collateral matters if called to the witness stand. My client lost his license after the OPMC found numerous instances of gross malpractice and misconduct.
Justice Jack Battaglia (Kings Supreme) wrote a great decision indicating that plaintiffs counsel cannot call the defendant physician and impeach the defendant on collateral matters on his case (i.e. no questions regarding the findings of fact or the OPMC decision to revoke his license ). The reasoning behind his decision was based on the principle that when plaintiff calls the defendant as a witness, he vouches for the witness and cant simply call the defendant and beat him up on the witness stand on unrelated issues. That said, I wasnt able to question my client/defendant .and if I did .I would adopt him as my witness and open the door to collateral impeachment.
Hard to believe, we got a defense verdict.
Michael J. Morris
Partner
GARSON & JAKUB LLP
29 Broadway, Suite 1300
New York, NY 10006
Mobile: 646.831.5316
Main: 646.863.8980
www.garsonjakub.com
On Jul 3, 2024, at 6:59?PM, list
? *** Member’s Message ****
Sender: Andrew Garson
Date: 7/3/2024 6:52:18 PM Greetings all and a Happy Fourth!
I finished jury selection and am starting trial next week before Judge Kapoor in Nassau supreme. Has anyone successfully persuaded a trial judge in Nassau, or any 2d Dept court, to limit Plaintiffs cross exam of a defendant physician to prior inconsistent sworn testimony or written statements. This is pursuant to the doctrine of not impeaching an adverse party physician when called by a plaintiff, and the reasoning in several cases applying the CPLR, such as Jordan v Parinello?
Would be interested in any written decision.
Many thanks
Andy
Andrew S. Garson
Garson & Jakub LLP
29 Broadway, Suite 1300
New York, NY 10006