BURICH v. POMERANTZ


41 A.D.3d 632 (2007)

836 N.Y.S.2d 892

JOHN BURICH et al., Appellants, v. PAUL POMERANTZ et al., Defendants, and ST. LUKES-CORNWALL HOSPITAL, Respondent.

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

Decided June 19, 2007.


Ordered that the judgment is affirmed, with costs.

The plaintiffs contend that the Supreme Court committed reversible error in precluding a New York State Department of Health investigator from testifying at trial. We disagree.

When asked for an offer of proof, the plaintiffs' attorney indicated that he wished to examine the investigator with regard to the "findings" contained in the investigator's written report, the substance of which the attorney indicated...

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