BRULLO v. SCHIRO


239 A.D.2d 309 (1997)

657 N.Y.S.2d 92

Michael Brullo, Respondent, v. Diane M. Schiro et al., Appellants, et al., Defendants

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

May 5, 1997


Ordered that the judgment is reversed, on the law, and the matter is remitted to the Supreme Court, Kings County, for a new trial as against the defendants Diane M. Schiro and Joseph W. Schiro limited to the issue of damages, with costs to abide the event.

The trial court erred in excluding the testimony of the appellants' accident reconstruction expert. The expert's opinion that the plaintiff was not wearing his seatbelt at the time of the accident and that he would...

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