Rosen v. Salem Truck Leasing, Inc.

In an action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Kings County (Bellard, J.), entered September 23, 1983, which was in favor of the defendant, upon the trial court’s dismissal of the complaint at the close of all the testimony.

Judgment affirmed, with costs.

Although we disagree with defendant’s contention that expert testimony was required to establish the existence of a defective condition, the trial court properly dismissed the complaint at the close of all the testimony.

An expert witness is required to support a claim of departure…