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GRASSI v. CAROLINA BARBEQUE, INC.

254 A.D.2d 38 (1998)

678 N.Y.S.2d 321

Cheryl Grassi, Respondent, v. Carolina Barbeque, Inc., Doing Business as Brother Jimmy's, Appellant

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

October 6, 1998

Exclusion of evidence concededly not in compliance with the notice requirement of 22 NYCRR 202.17 was not an improvident exercise of the trial court's discretion (see, McClain v Lockport Mem. Hosp., 236 A.D.2d 864, 865, lv denied 89 N.Y.2d 817), and exclusion of conceded hearsay was appropriate, despite CPLR 4532-a, since defendant admittedly did not afford plaintiff the required notice (see, Adams v Romero...

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