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ROWE v. FISHER

2011, 3546, 8213/00.

82 A.D.3d 490 (2011)

918 N.Y.S.2d 342

CAROL ROWE et al., Appellants, v. NORMA P. FISHER et al., Defendants, and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Respondent.

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

Decided March 10, 2011.

The motion court properly precluded plaintiffs' expert testimony on chelation because the expert's theories were contrary to the medical literature on the subject and therefore "unreliable" (Parker v Mobil Oil Corp., 7 N.Y.3d 434, 447 [2006]).

Furthermore, the court properly precluded the testimony pursuant to Frye v United States (293 F 1013 [1923]). Although we find that plaintiffs' theory that chelating Carol...

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