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ROPER v. CON EDISON CO. OF NEW YORK

282 A.D.2d 593 (2001)

722 N.Y.S.2d 916

KENNETH ROPER, Respondent, v. CON EDISON CO. OF NEW YORK et al., Appellants.

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

Decided April 16, 2001.

Ordered that the judgment is reversed, on the law, and a new trial is granted, with costs to abide the event.

Under the circumstances of this case, the Supreme Court erred in the manner in which it permitted the plaintiff's orthopedist to testify concerning the plaintiff's quantified restrictions in the range of motion of the lumbar and cervical portions of his spine. Since the testimony was crucial in determining whether the plaintiff had sustained a serious injury...

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