Frye v. Montefiore Medical Center

OPINION OF THE COURT

Freedman, J.

In this obstetrical medical malpractice action, we are called upon to decide, inter alia, whether the denial of defendants’ summary judgment motion(s) (70 AD3d 15 [1st Dept 2009]) prevents our considering defendants’ motion in limine to preclude plaintiffs expert, Dr. Chone Ken Chen, from offering evidence specifically related to the cause of the plaintiff’s infant’s neurological impairments. We find that it does not because the summary judgment motion focused on different issues from those in the evidentiary motion before us now and because the posture of the…