FIENCO v. ROSE


34 A.D.3d 629 (2006)

824 N.Y.S.2d 666

JESSENIA A. FIENCO, Respondent, v. TODD B. ROSE et al., Appellants.

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

Decided November 21, 2006.


Ordered that the judgment is reversed, on the law and in the exercise of discretion, the defendants' motion to set aside the verdict and for a new trial is granted, and the matter is remitted to the Supreme Court, Orange County, for a new trial, with costs to abide the event.

The Uniform Rules for New York State Trial Courts provide that, subject to a contrary judicial determination, "no party shall be permitted to offer any evidence of injuries or conditions not...

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