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HOOKS v. COURT STREET MEDICAL, P.C.

15 A.D.3d 544 (2005)

790 N.Y.S.2d 679

BARNEY HOOKS, Appellant, v. COURT STREET MEDICAL, P.C., et al., Respondents.

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

February 22, 2005.

Ordered that the judgment is affirmed insofar as appealed from, with one bill of costs payable to the respondents Kelly O'Malley and Marte Melegrito.

Following a Frye hearing (see Frye v United States, 293 F 1013 [1923]; Marsh v Smyth, 12 A.D.3d 307 [2004]), the Supreme Court determined that there was no scientifically reliable basis for the proposed testimony of the plaintiff's expert witness. Therefore, the...

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