ASTREL v. YARBOROUGH


31 A.D.3d 356 (2006)

817 N.Y.S.2d 642

ROSIER ASTREL, Appellant, v. SARAY YARBOROUGH, Respondent.

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

July 5, 2006.


Ordered that the judgment is affirmed, with costs.

The plaintiff's counsel acknowledged during the oral argument of the defendant's motion, inter alia, to preclude the plaintiff's medical expert from testifying at trial that the opinion of the plaintiff's medical expert was based, at least in part, on medical records which were inadmissible at trial. Given the absence of evidence as to the reliability of those out-of-court medical records, the Supreme Court providently...

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