OPPENHEIM v. UNITED CHARITIES OF NEW YORK


266 A.D.2d 116 (1999)

698 N.Y.S.2d 144

VICKI OPPENHEIM, Appellant, v. UNITED CHARITIES OF NEW YORK et al., Respondents, et al., Defendant. (And a Third-Party Action.)

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

Decided November 23, 1999.


The IAS Court properly precluded plaintiff's expert from testifying with respect to Multiple Chemical Sensitivity Syndrome, without a hearing, on the ground that plaintiff failed to adduce evidence sufficient to raise an issue of fact as to whether such a diagnosis has gained general acceptance in the scientific community after defendants had made a prima facie showing that it has not (see, Frank v State of New York, 972 F.Supp. 130

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