BIVONA v. NASSAU OPHTHALMIC SERVICES, P.C.


276 A.D.2d 455 (2000)

713 N.Y.S.2d 706

DANIEL BIVONA et al., Appellants, v. NASSAU OPHTHALMIC SERVICES, P. C., Doing Business as STAHL EYE ASSOCIATES, et al., Respondents.

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

Decided October 2, 2000.


Ordered that the judgment is affirmed, with costs.

The cross-examination of the plaintiff Daniel Bivona was relevant to his ability to perceive and remember events and, thus, the Supreme Court providently exercised its discretion in allowing this testimony (see, Murphy v Estate of Vece, 173 A.D.2d 445, 446-447; cf., People v Marsh, 264 A.D.2d 647; People v Billups,

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