WEIGERT v. BAKER


217 A.D.2d 1011 (1995)

630 N.Y.S.2d 833

Carol J. Weigert, Appellant, v. Vernon H. Baker, Jr., Respondent. (Appeal No. 3.)

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

July 14, 1995


Judgment unanimously reversed on the law without costs, motion denied, complaint reinstated and new trial granted.

Memorandum:

Supreme Court erred in excluding the opinion testimony of plaintiff's medical expert at trial. Plaintiff testified to the history of the accident, the injury she suffered, her symptoms, her disability and her treatment. Thus, the proof relevant to her injury was in evidence. Plaintiff's medical expert, Dr. Leve, testified that he had...

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