HERRERA v. V.B. HAULAGE CORP.


205 A.D.2d 409 (1994)

613 N.Y.S.2d 883

Enrique Herrera et al., Respondents, v. V.B. Haulage Corp. et al., Appellants Vigliotti & Sons, Inc., Third-Party Plaintiff-Appellant, v. Sheraton Center Hotel, Third-Party Defendant-Respondent

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

June 23, 1994


The trial court properly exercised its discretion in permitting the rebuttal testimony of plaintiffs' expert (see, Saleh v Sears, Roebuck & Co., 119 A.D.2d 652, 653). It was not until after defendants presented the testimony of their driver, who offered technical testimony to demonstrate the impossibility of plaintiffs' theory of the accident, that it reasonably became apparent...

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