WARD v. MEHAR


264 A.D.2d 515 (1999)

694 N.Y.S.2d 726

ROBERT J. WARD et al., Respondents-Appellants, v. GURINDER MEHAR, Appellant-Respondent, et al., Defendants.

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

Decided August 30, 1999.


Ordered that the judgment is reversed, on the law, with costs to abide the event, the claim for lost wages is dismissed, and a new trial is granted on the remaining claims.

The trial court erred in allowing into evidence the log book maintained by the injured plaintiff's employer because it was not timely exchanged (see, CPLR 3101 [h]). The log book, in the words of the plaintiffs' attorney, constituted a "critical piece of evidence" and it went to a central...

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