SCANGA v. FAMILY PRACTICE ASSOCIATES OF ROCKLAND


27 A.D.3d 547 (2006)

813 N.Y.S.2d 112

CECELIA SCANGA et al., Appellants, v. FAMILY PRACTICE ASSOCIATES OF ROCKLAND, P.C., et al., Respondents.

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

March 14, 2006.


Ordered that the order is reversed, on the law, the motion is granted, the judgment is vacated, and the matter is remitted to the Supreme Court, Rockland County, for a new trial, with costs to abide the event; and it is further,

Ordered that the appeal from the judgment is dismissed, as academic.

During trial, the defendants' expert, a pathologist, testified that he examined recut biopsy slides not admitted into evidence. He testified that recut biopsy slides...

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