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DIMOND v. HEINZ PET PRODUCTS COMPANY

298 A.D.2d 426 (2002)

748 N.Y.S.2d 262

CINDY DIMOND, Appellant, v. HEINZ PET PRODUCTS COMPANY, Respondent.

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

Decided October 15, 2002.

Ordered that the order is affirmed, with costs.

"Whether a witness is qualified to testify as an expert is within the discretion of the trial court, and its determination will not be disturbed in the absence of a serious mistake, an error of law, or an improvident exercise of discretion" (Goldman v County of Nassau, 170 A.D.2d 648; see Hong v County of Nassau, 139 A.D.2d 566;

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