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VINCI v. FORD MOTOR COMPANY

45 A.D.3d 335 (2007)

846 N.Y.S.2d 9

ROBERT VINCI, Appellant, v. FORD MOTOR COMPANY, Respondent.

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

Decided November 13, 2007.

Although the issue of the admissibility of defendant's crash test video is unquestionably a close call, we conclude that its admission was a proper exercise of discretion despite certain dissimilarities between the accident condition and the conditions under which the test was conducted.

We further conclude, however, that the trial court's refusal to permit plaintiff's expert to testify as a rebuttal witness with respect...

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