Graves v. American Exp.
| Decision Date | 24 November 1997 |
| Citation | 669 N.Y.S.2d 463,175 Misc.2d 285 |
| Parties | , 1998 N.Y. Slip Op. 98,105 Velda GRAVES, Respondent, v. AMERICAN EXPRESS, Appellant. |
| Court | New York Supreme Court — Appellate Term |
Sedgwick, Detert, Moran & Arnold, New York City (Jack Gross and Paul Milberg, of counsel), for appellant.
Velda Graves, pro se.
Before KASSOFF, P.J., and ARONIN and CHETTA, JJ.
Judgment unanimously reversed, without costs, and matter remanded to the court below for a new trial.
Cross examination of an adverse witness is a matter of right in every trial of a disputed issue of fact (Friedel v. Board of Regents, 296 N.Y. 347, 352, 73 N.E.2d 545; Hill v. Arnold, 226 A.D.2d 232, 640 N.Y.S.2d 892). Also, cross-examination is the principal means by which the believability of a witness and the truth of testimony is tested (Davis v. Alaska, 415 U.S. 308, 315-316, 94 S.Ct. 1105, 1109-1110, 39 L.Ed.2d 347).
A review of the record on appeal indicates that the court below prohibited defendant from cross-examining plaintiff since it did not have witnesses available for plaintiff to cross-examine. We find that the court below erred in its determination that defendant's ability to cross-examine plaintiff was contingent upon defendant presenting witnesses for plaintiff to cross examination. Although the procedures in small claims court are relaxed, the rules of substantive law must be followed and a person's constitutional right to due process of law includes the basic right to cross-examine witnesses (CCA 1804; Friedel v. Board of Regents, supra ).
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...violation of Defendants' due process rights. See Townley v. Heckler, 748 F.2d 109, 114 (2d Cir.1984); Graves v. Am. Express, 175 Misc.2d 285, 286, 669 N.Y.S.2d 463 (1997) ("a person's constitutional right to due process of law includes the basic right to cross-examine."); Matter of Hoffman,......
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...Graubard Mollen Dannett & Horowitz v. Moskovitz, 204 A.D.2d 218, 612 N.Y.S.2d 39 (1st Dept. 1994), § 15:140 Graves v. American Express, 175 Misc.2d 285, 669 N.Y.S.2d 463 (2d Dept. 1997), § 1:20 Gray v. Adduci , 73 N.Y.2d 741 (1988), § 5:10 C-14 — NEW YORK OBJECTIONS Greater New York Mutual ......
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...Graubard Mollen Dannett & Horowitz v. Moskovitz, 204 A.D.2d 218, 612 N.Y.S.2d 39 (1st Dept. 1994), § 15:140 Graves v. American Express, 175 Misc.2d 285, 669 N.Y.S.2d 463 (2d Dept. 1997), § 1:20 Gray v. Adduci , 73 N.Y.2d 741 (1988), § 5:10 Greater New York Mutual Ins. Co. v. Curbeon, 300 A.......
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...NYS2d 671 (2d Dept 2007), §27:93 Grasso v. Tortorello , 50 AD3d 634, 853 NYS2d 921 (2d Dept 2008), §9:12 Graves v. American Express , 175 Misc 2d 285, 669 NYS2d 463 (App Term, 2d Dept 1997), §25:01 Gray v. City of New York , 33 AD3d 857, 825 NYS2d 481 (2d Dept 2006), §37:49 Gray v. Crouse-I......
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...of Regents , 296 NY 347, 73 NE2d 545 (1947); Hill v. Arnold , 226 AD2d 232, 640 NYS2d 892 (1st Dept 1996); Graves v. American Express , 175 Misc2d 285, 669 NYS2d 463 (App Term, 2d Dept 1997).] Cross-examination is the principal means by which a witness’s believability and the truth of his o......