Opinion
April 25, 1991
Appeal from the Supreme Court, New York County (Ira Gammerman, J.).
The IAS court, after a traverse hearing, properly excluded testimony by a process server, concerning the defendant's alleged general reputation for evading service of process in prior unrelated malpractice actions where the witness did not effect service of process in the underlying malpractice action. It is well settled that impeachment of a witness by evidence of his reputation in the community is limited to his reputation for truth and veracity, and may not extend to general bad moral character or specific acts of dishonesty, immorality or crime. (People v. Pavao, 59 N.Y.2d 282, 289; People v. Lyde, 160 A.D.2d 817. )
In any event, we find that the IAS court properly concluded that the evidence adduced at the traverse established that the plaintiff had failed to sustain her burden of proof on service of process (Frankel v. Schilling, 149 A.D.2d 657).
Concur — Sullivan, J.P., Carro, Rosenberger, Kupferman and Rubin, JJ.