TERONE v. ANDERSON


54 A.D.2d 562 (1976)

Antoinette Terone, Appellant, v. Ferdinand F. Anderson et al., Respondents

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

September 20, 1976


Order and judgment reversed, on the law and in the interests of justice, motion granted, and action remanded to Trial Term for a new trial limited to the issue of damages, with costs to abide the event. No fact findings have been considered.

In the opinion of this court, it was an improvident exercise of discretion for the Trial Justice to order plaintiff to proceed immediately with the trial of her action when it appeared that her medical expert, a plastic surgeon...

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