ZELAYA v. NEW YORK NEW YORK AUTO BODY, INC.


41 A.D.3d 594 (2007)

836 N.Y.S.2d 430

ERNESTO ZELAYA, Respondent, v. NEW YORK NEW YORK AUTO BODY, INC., et al., Appellants.

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

Decided June 12, 2007.


Ordered that the judgment is affirmed, with costs.

The defendants contend that the Supreme Court erred in considering the causation testimony proffered by the plaintiff's medical expert. This contention, however, is unpreserved for appellate review (see CPLR 4017, 5501 [a] [3]). In light of the defendants' failure to raise a Frye objection (see Frye v United States, 293 F 1013 [1923]; see also Parker v Mobil Oil Corp.,

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