BERGAMASCHI v. GARGANO


293 A.D.2d 695 (2002)

742 N.Y.S.2d 322

ANNA M. BERGAMASCHI, Respondent, et al., Plaintiff, v. MARIA GARGANO, Appellant, et al., Defendant.

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

Decided April 29, 2002.


Ordered that the judgment is reversed, on the law and as a matter of discretion, and the matter is remitted to the Supreme Court, Nassau County, for a new trial, with costs to abide the event.

During the course of trial, shortly before the plaintiffs rested, they moved to preclude the appellant from calling an orthopedic surgeon as an expert witness. In support of the motion, the plaintiffs argued that the physician's testimony would not be relevant because the injured...

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