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LACK v. E. P. LAWSON CO., INC.

21 A.D.2d 795 (1964)

Peter Lack, Appellant, v. E. P. Lawson Co., Inc., Respondent

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

June 8, 1964

Judgment affirmed, without costs.

No opinion.

Kleinfeld, J., dissents, and votes to reverse the judgment and to grant a new trial, with the following memorandum:

The Trial Justice struck out the testimony of plaintiff's expert witness on the ground that in his (the Justice's) opinion the expert was not qualified. Without the expert's testimony, there was no proof of negligent design of the safety devices. With his testimony, the proof...

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