SHEINMEL v. COMAR RESTAURANTS, INC.

2010-09818.

86 A.D.3d 638 (2011)

927 N.Y.S.2d 609

2011 NY Slip Op 6100

DORIS SHEINMEL, Appellant, v. COMAR RESTAURANTS, INC., Respondent.

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

Decided July 26, 2011.


Ordered that the judgment is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting the defendant's motion in limine to preclude the proposed testimony of the plaintiff's expert. Although "[p]roof of a generally accepted practice, custom or usage within a particular trade or industry is admissible as tending to establish a standard of care, and proof of a departure from that general custom or usage may constitute evidence of negligence...

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