Sheinmel v. Comar Restaurants, Inc.

The Supreme Court providently exercised its discretion in granting the defendant’s motion in limine to preclude the proposed testimony of the plaintiffs expert. Although “[pjroof of a generally accepted practice, custom or usage within a particular trade or industry is admissible as tending to establish a standard of care, and proof of a departure from that general custom or usage may constitute evidence of negligence” (Guaman v Industry City Mgt., 40 AD3d 698, 699 [2007] [internal quotation marks omitted]), the proposed testimony of the plaintiffs expert in this case was irrelevant given the…