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PEMBER v. CARLSON

45 A.D.3d 1092 (2007)

845 N.Y.S.2d 566

RICHARD E. PEMBER et al., Appellants, v. WILLIAM CARLSON, JR., et al., Respondents.

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

Decided November 15, 2007.

Lahtinen, J.

The primary issue in this appeal is whether Supreme Court erred in permitting defendants' expert engineer to testify at the trial. On the morning of February 7, 2003, plaintiff Richard E. Pember (hereinafter plaintiff) stopped while traveling north on Interstate 81 in Cortland County to assist Lucille Diliello, whose 1990 Dodge car was on fire at the side of the highway. A combination of fog and smoke reportedly...

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