Rojas v. Greyhound Lines, Inc.

Judgment, Supreme Court, New York County (Walter Relihan, Jr., J.), entered October 9, 1997, which, after a jury trial, awarded plaintiff a total of $141,365.21, unanimously affirmed, without costs.

Defendant’s argument that the court improperly allowed plaintiffs expert to describe a report by a nonwitness physician was waived when defendant’s trial counsel expressly consented to the use of the report by the witness. In any event, the limited use of the report was not inappropriate under the circumstances, even though the report itself had not been received in evidence (cf., O’Shea v Sarro,…