Caldwell v. Cablevision Systems Corp.

Summary

The New York Court of Appeals held that testimony from a subpoenaed fact witness who receives compensation exceeding the statutory witness fee is generally admissible. However, when the payment appears disproportionate and the subpoenaing party offers no explanation, the trial court must, upon a timely request, instruct the jury to consider whether the compensation may have influenced the witness's testimony. The court affirmed because the failure to give a specific bias instruction was harmless under the circumstances.

Holdings

1. A subpoenaed fact witness's testimony is generally admissible even when the witness receives compensation exceeding the statutory attendance fee, provided the payment is not contingent on the content of the testimony or the outcome of the litigation.
2. When a fact witness receives compensation that appears disproportionately greater than reasonable compensation for lost time and incidental expenses, and the subpoenaing party offers no explanation for the payment, the trial court must, upon a timely request, give a specific jury instruction addressing the potential bias created by the payment.
3. The trial court's failure to give the requested specific bias instruction was harmless and did not require reversal.

Questions Presented

1. Whether a subpoenaed fact witness's testimony is inadmissible as a matter of law because the witness received compensation substantially exceeding the statutory attendance fee.
2. Whether the trial court was required, upon a timely request, to give a jury instruction specifically addressing the potential bias created by a disproportionately large payment to a fact witness.
3. Whether the trial court's failure to give the specific bias instruction required reversal under the circumstances of this case.

Disposition

affirmed