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BOOLBOL v. PARADIGM MGT. GROUP, LLC

2288, 101287/09.

144 A.D.3d 577 (2016)

2016 NY Slip Op 07875

40 N.Y.S.3d 906

JEFFREY BOOLBOL, Appellant, v. PARADIGM MANAGEMENT GROUP, LLC, et al., Respondents, et al., Defendant.

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

Decided November 22, 2016.

The trial court properly ruled that the statement in an ambulance report that plaintiff "lost his footing going down the steps" was inadmissible as a prior consistent statement (see People v McDaniel, 81 N.Y.2d 10, 18 [1993]). There was evidence at trial that plaintiff's fall was the result not of an accident but of a voluntary leap down the stairs, but plaintiff's motive to fabricate had arisen at the moment that he landed and hurt...

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