ALFIERI v. BUTLER


38 A.D.2d 672 (1971)

John J. Alfieri, Jr., an Infant, by John Alfieri, His Father and Natural Guardian, et al., Appellants, v. Alfred Butler et al., Doing Business as Butler's Market, Respondents

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

December 2, 1971


Judgment unanimously affirmed, without costs.

Memorandum:

Plaintiffs' expert testified that he and other architects in the Syracuse area recommend that driveway and parking areas be constructed without the use of loose gravel. That was not proper evidence upon the issue of the custom and practice in the Syracuse area with respect to construction of such areas, for which it was offered, and the court properly struck it. Since the expert's testimony also showed...

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