RUIZ v. LOSITO

Index No. 158403/19, Appeal No. 2277&M-1858, Case No. 2023-04959.

2024 NY Slip Op 02287

BELKYS RUIZ, Respondent, v. REBECCA LOSITO ET AL., Appellants.

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

Decided April 30, 2024.


Attorney(s) appearing for the Case

DeSena & Sweeney, LLP, Bohemia ( Ronni Robbins Kravatz of counsel), for appellants.

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Brian J. Isaac of counsel), for respondent.

Before: Oing, J.P., González, Kennedy, Higgitt, O'Neill Levy, JJ.


Order, Supreme Court, New York County (Adam Silvera, J.), entered on or about June 2, 2023, which granted plaintiff's motion to preclude the testimony of defendants' expert, unanimously affirmed, without costs.

In this action for injuries plaintiff sustained in a motor vehicle accident, Supreme Court properly precluded defendants' biomechanical engineering expert, Kevin Toosi, MD, PhD, from offering an opinion based on photographs for which no proper foundation had...

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