FRANZESE v. MACKAY TRUCKING CORP.


10 A.D.2d 713 (1960)

Gennaro Franzese, Respondent, v. Mackay Trucking Corp., Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 7, 1960


Judgment insofar as appeal is taken reversed and a new trial granted as to the issues raised by the complaint and appellant's answer, with costs to appellant to abide the event.

The opinion of respondent's medical expert was legally incompetent inasmuch as it was based (1) upon several assumptions of facts which were not proved, such as the assumptions that respondent was predisposed to ulcers and that he suffered a shock which might have affected his endocrine glands...

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