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PARDODEFIGUEROA v. TURNER CONSTRUCTION CORP.

33 A.D.3d 601 (2006)

822 N.Y.S.2d 308

MICHAEL PARDODEFIGUEROA et al., Appellants, v. TURNER CONSTRUCTION CORP. et al., Respondents.

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

Decided October 3, 2006.

Ordered that the judgment is reversed, on the law, with costs, the applications are denied, the order dated January 25, 2005 is vacated, the complaint is reinstated, and the matter is remitted to the Supreme Court, Queens County, for a new trial on the issue of damages.

At this bifurcated trial on damages, the Supreme Court erred in granting the defendants' oral application in limine to preclude the admission of certain magnetic resonance imaging (hereinafter MRI...

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