Firm Memoranda

Caldwell v. Cablevision Systems Corp.: The New York Court of Appeals Rules that High-Paid Witness Testimony is Admissible, But May Require a Jury Charge as to Potential Bias

Date: 02/11/13

In a unanimous decision written by Judge Eugene Pigott, the New York Court of Appeals held in Caldwell v. Cablevision Systems Corp. that the testimony of a subpoenaed fact witness receiving a fee substantially greater than the minimum fee requirements of CPLR 8001 is generally admissible, but may require a jury charge as to the witness’s potential bias “in light of the perceived excessiveness of the fee.”

CGR Memo - NYS Court of Appeals Rules that High-Paid Witness Testimony is Admissible, But May Require a Jury Charge as to Potential Bias.pdf (pdf | 93.73 KB )