SAULPAUGH v. KRAFTE


5 A.D.3d 934 (2004)

774 N.Y.S.2d 194

MATTHEW SAULPAUGH, an Infant, by CHRISTINA M. SAULPAUGH, His Parent, Appellant, v. BURTON O. KRAFTE et al., Respondents, et al., Defendants.

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

March 18, 2004.


Kane, J.

In this medical malpractice action, all parties agree that plaintiff has suffered brain damage. During the trial against, among others, defendant Burton O. Krafte, the physician who delivered plaintiff by cesarean section, plaintiff presented the redacted videotaped expert testimony of pediatric neurologist Leon Charash. Supreme Court had redacted portions of the videotape following defendants' motion to preclude Charash's testimony pursuant to Frye v...

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