PRICE v. ALFIERI CONCRETE, INC.


70 A.D.2d 932 (1979)

Melvin L. Price et al., Appellants, v. Alfieri Concrete, Inc., Respondent. (And a Third-Party Action.)

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

June 18, 1979


Judgment affirmed, with costs.

It was proper for the trial court to exclude testimony regarding a prior accident where there was an insufficient foundation laid setting forth the similarity between the two occurrences. To admit that testimony would have permitted the jury to speculate as to how the subject accident took place. Such speculation, of course, cannot be countenanced (see Flansburg v Town of Elbridge, 205 N.Y. 423;

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