VARGAS v. SABRI

11954, 300370/11

115 A.D.3d 505 (2014)

981 N.Y.S.2d 914

2014 NY Slip Op 1666

ANA M. VARGAS et al., Appellants, v. AKIN SABRI, Respondent.

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

Decided March 13, 2014.


Order, Supreme Court, Bronx County (Laura G. Douglas, J.), entered October 1, 2013, which denied plaintiffs' motion for a Frye hearing, unanimously affirmed, without costs.

The court did not improvidently exercise its discretion in denying plaintiffs' request for a Frye hearing (Frye v United States, 293 F 1013 [DC Cir 1923]) to determine the admissibility of the anticipated testimony of Dr. McRae, a biomechanical engineer. The fact that Dr. McRae...

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