PASSINO v. DeROSA


199 A.D.2d 1017 (1993)

606 N.Y.S.2d 107

Jane D. Passino et al., Appellants, v. James DeRosa, Respondent

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

December 29, 1993


Judgment unanimously reversed on the law without costs and new trial granted.

Memorandum:

Prior to the trial of this personal injury action, plaintiffs Jane D. and Raymond A. Passino made a motion in limine seeking to exclude from evidence statements in the history portion of Jane's medical records that were not necessary to diagnosis and treatment. Specifically, plaintiffs' attorney, in his affidavit in support of the motion, sought exclusion of statements...

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