Harris v. Palitz

Full title: WENDY HARRIS, Appellant, v. STEPHEN PALITZ, Respondent

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

Date published: Mar 2, 1995

213 A.D.2d 156 (N.Y. App. Div. 1995)

623 N.Y.S.2d 221

Opinion

March 2, 1995

Appeal from the Supreme Court, New York County (Paula J. Omansky, J.).

We agree with the IAS Court that in this action for personal injuries, the fact that plaintiff passenger was married to defendant driver after the commencement of the action is relevant to the parties' credibility, particularly on the issue of damages, and not so prejudicial as to require its exclusion from the jury's consideration (cf., Kish v. Board of Educ., 76 N.Y.2d 379, 385).

Concur — Murphy, P.J., Rosenberger, Nardelli and Williams, JJ.