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STROHMENGER v. CLARKE-FITZPATRICK, INC.

193 A.D.2d 728 (1993)

597 N.Y.S.2d 711

Paul Strohmenger et al., Appellants, v. Clarke-Fitzpatrick, Inc., Respondent

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

May 17, 1993

Ordered that the judgment is affirmed, with costs.

The plaintiffs' contention that it was error to permit the defendant's employee to testify is without merit as the plaintiffs themselves called the witness to testify in their case in chief and deposed the witness prior to trial. The plaintiffs' contention that the witness was not qualified to testify as an expert is not preserved for appellate review (see, CPLR 5501 [a] [3]; Miles v R & M Appliance...

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