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GUZMAN v. 4030 BRONX BLVD.

54 A.D.3d 42 (2008)

861 N.Y.S.2d 298

TYRONE GUZMAN, by His Parent and Natural Guardian, SHALETTE JONES, et al., Appellants, v 4030 BRONX BLVD. ASSOCIATES L.L.C., Respondent.

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

June 19, 2008.

Attorney(s) appearing for the Case

Segal & Lax, LLP, New York City (Patrick Daniel Gatti of counsel), for appellants.

Fiedelman & McGaw, Jericho (James K. O'Sullivan of counsel), and Law Offices of Alan I. Lamer, Elmsford, for respondent.

BUCKLEY, GONZALEZ and CATTERSON, JJ., concur with TOM, J.P.; SAXE, J., dissents in part in a separate opinion.

OPINION OF THE COURT

TOM, J.P.

This appeal concerns the trial court's role as "gatekeeper" in determining the qualifications of an expert, a neuropsychologist, to render a medical opinion and the adequacy of the foundation upon which that opinion is based. While plaintiffs' expert is qualified to render an opinion on the extent of plaintiff Tyrone Guzman's neurological deficits and may testify that those deficits...

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