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SALM v. MOSES

57 A.D.3d 370 (2008)

868 N.Y.S.2d 532

LILY SALM, Appellant, v. MARK S. MOSES, D.D.S., Respondent.

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

December 18, 2008.

The trial court properly limited the scope of cross-examination of defendant's expert by precluding inquiry into the fact that he and defendant were insureds and shareholders in the same dental malpractice insurance company. The court acted within its discretionary authority (see Feldsberg v Nitschke, 49 N.Y.2d 636, 643 [1980]), and "achieved a fair balance between the plaintiff['s] right to attack the expert witness's credibility...

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