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ROSEN v. SALEM TRUCK LEASING, INC.

108 A.D.2d 907 (1985)

Harvey Rosen, Appellant, v. Salem Truck Leasing, Inc., Respondent. (And a Third-Party Title.)

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

February 25, 1985

Judgment affirmed, with costs.

Although we disagree with defendant's contention that expert testimony was required to establish the existence of a defective condition, the trial court properly dismissed the complaint at the close of all the testimony.

An expert witness is required to support a claim of departure from safe practice only where the issue involved transcends the realm of knowledge that lay persons possess, such as standards of medical care (

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