Defendants' expert relied, inter alia, on unauthenticated photographs of a circular saw as the basis for his opinion that plaintiff was the sole proximate cause of the accident. Furthermore, defendants' expert mischaracterized plaintiff's examination before trial testimony in forming his conclusions. Thus, the photographs and deposition transcripts are insufficient to establish, as a matter of law (see generally Winegrad v New York Univ. Med. Ctr.,
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GASPER v. LC MAIN, LLC
3768, 113198/07, 590384/08.
79 A.D.3d 428 (2010)
913 N.Y.S.2d 39
JORGE GASPER, Respondent, v. LC MAIN, LLC, et al., Appellants, et al., Defendant. (And a Third-Party Action.)
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided December 2, 2010.
Decided December 2, 2010.
Appellate Division of the Supreme Court of New York, First Department.
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