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  5. 65 N.Y.2d 839 (1985)
 

WERNER v. SUN OIL CO.

65 N.Y.2d 839 (1985)

Craig Werner, Appellant, v. Sun Oil Company, Defendant and Third-Party Plaintiff-Respondent, and Wayne Pump Company, Respondent. Mary MacDougall, Doing Business as Walt's Service Station, Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided July 2, 1985.

Attorney(s) appearing for the Case

Anthony V. Barbiero for appellant.

David Holmes for Sun Oil Company, respondent.

Michael J. Roe for Wayne Pump Company, respondent.

Marian C. Rice for Mary MacDougall, respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed with costs, and a new trial granted.

While a witness's qualification to testify as an expert rests in the discretion of the trial court, and its determination will not be disturbed in the absence of serious mistake, an error of law or abuse of discretion (Meiselman v Crown Hgts. Hosp., 285 N.Y. 389, 398; Tarlowe v Metropolitan Ski Slopes...

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