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LUGO v. NYC. HEALTH & HOSPS.

2010-00962, 2010-02506.

89 A.D.3d 42 (2011)

929 N.Y.S.2d 264

2011 NY Slip Op 6475

JACOB LUGO et al., Appellants, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Respondent.

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

Decided September 13, 2011.

Attorney(s) appearing for the Case

Fitzgerald & Fitzgerald, P.C., Yonkers ( John E. Fitzgerald , John M. Daly , Eugene S. R. Pagano , Mitchell L. Gittin and John R. Langdell of counsel), for appellants.

Michael A. Cardozo , Corporation Counsel, New York City ( Edward F.X. Hart and Jane L. Gordon of counsel), for respondent.

RIVERA, J.P., FLORIO and LOTT, JJ., concur.

OPINION OF THE COURT

COVELLO, J.

Introduction

New York courts apply the rule of Frye v United States (293 F 1013 [1923]) that expert testimony based on scientific principles or procedures is admissible, but only after a principle or procedure has gained general acceptance in its specified field. In this medical malpractice action, the principal question presented on this appeal is whether the Supreme...

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