Legal Opinion
Ellis v. Emerson
Appellate Division of the Supreme Court of the State of New York
Decided December 31, 2008PublishedCited by 14 opinions
1Opinion of the Court
*1436Memorandum: Plaintiffs commenced this action seeking damages for injuries sustained by Matthew D. Ellis (plaintiff) in a motor vehicle accident. Contrary to defendants’ contention, Supreme Court properly allowed plaintiffs treating physicians to testify concerning the cause of plaintiffs injuries despite the fact that neither physician had reviewed plaintiffs prior chiropractic records. The physicians’ failure to review the records “goes only to the weight of the testimony, not to its admissibility” (Weigert v Baker, 217 AD2d 1011 [1995]; see Latour v Hayner Hoyt Corp. [appeal No. 2], 13 AD3d…
2Cases cited5 opinions
- Rountree v. Manhattan & Bronx Surface Transit Operating AuthorityAppellate Division of the Supreme Court of the State of New York · 1999
- Faas v. StateAppellate Division of the Supreme Court of the State of New York · 1998
- Latour v. Hayner Hoyt Corp.Appellate Division of the Supreme Court of the State of New York · 2004
- Beh v. Jim Willis & Sons Builders, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Weigert v. BakerAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by14 opinions
- Turuseta v. Wyassup-Laurel Glen Corp.Appellate Division of the Supreme Court of the State of New York · 2012
- In Re Methyl Tertiary Butyl Ether (" Mtbe") ProductsDistrict Court, S.D. New York · 2009
- BARROW, DEWEY R. v. DUBOIS, D.L. GORDONAppellate Division of the Supreme Court of the State of New York · 2011
- Bissell v. Town of AmherstAppellate Division of the Supreme Court of the State of New York · 2010
- Rivera v. United StatesDistrict Court, S.D. New York · 2012
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