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SANTOS v. STATE FARM FIRE AND CAS. CO.

000790/07.

28 Misc.3d 1078 (2010)

905 N.Y.S.2d 497

ALBERT J. SANTOS, Plaintiff, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant.

Supreme Court, Nassau County.

Decided June 28, 2010.

Attorney(s) appearing for the Case

Wilkofsky, Friedman, Karel & Cummins, New York City ( Mark L. Friedman of counsel), for plaintiff.

Rivkin Radler LLP, Uniondale ( Michael A. Troisi of counsel), for defendant.

OPINION OF THE COURT

THOMAS P. PHELAN, J.

Plaintiff moved for an order, pursuant to Frye v United States (293 F 1013 [1923]), excluding the testimony of defense witness Dr. Jozef Urbas concerning the results of computer fire modeling utilized by Dr. Urbas. At the time the motion was made, plaintiff contended that Dr. Urbas utilized the computer fire modeling to determine the origin and cause of a...

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