Legal Opinion

Vargas v. Sabri

Appellate Division of the Supreme Court of the State of New York

Decided March 13, 2014PublishedCited by 4 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Laura G. Douglas, J.), entered October 1, 2013, which denied plaintiffs’ motion for a Frye hearing, unanimously affirmed, without costs.

The court did not improvidently exercise its discretion in denying plaintiffs’ request for a Frye hearing (Frye v United States, 293 F 1013 [DC Cir 1923]) to determine the admissibility of the anticipated testimony of Dr. McRae, a biomechanical engineer. The fact that Dr. McRae lacked medical training did not render him unqualified to render an opinion as an expert that the force of the subject motor vehicle accident could…

2Cases cited2 opinions

  1. Williams v. HalpernAppellate Division of the Supreme Court of the State of New York · 2006
  2. Melo v. Morm Management Co.Appellate Division of the Supreme Court of the State of New York · 2012

3Cited by4 opinions

  1. Aspromonte v. Judlau Contr., Inc.Appellate Division of the Supreme Court of the State of New York · 2018
  2. Drapper v. HoranAppellate Division of the Supreme Court of the State of New York · 2025
  3. Perrone v. Catamount Ski Resort, LLCDistrict Court, N.D. New York · 2023
  4. Shah v. RahmanAppellate Division of the Supreme Court of the State of New York · 2018

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