Legal Opinion

Lara v. New York City Health & Hospitals Corp.

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

Decided May 1, 2003PublishedCited by 29 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County (Karla Moskowitz, J.), entered November 16, 2000, inter alia, dismissing the complaint, after a jury trial, and bringing up for review an order which, in a medical malpractice action, inter alia, granted defendants’ in limine Frye motion to preclude the testimony of plaintiffs medical expert, unanimously affirmed, without costs.

The infant plaintiff failed to meet his burden of proof at the Frye hearing (Frye v United States, 293 F 1013 [1923]) held during trial, that his expert’s theory is generally accepted in the medical community (see People v…

2Cases cited3 opinions

  1. People v. WesleyNew York Court of Appeals · 1994
  2. Stanski v. EzerskyAppellate Division of the Supreme Court of the State of New York · 1996
  3. Selig v. Pfizer, Inc.Appellate Division of the Supreme Court of the State of New York · 2002

3Cited by29 opinions

  1. Zito v. ZabarskyAppellate Division of the Supreme Court of the State of New York · 2006
  2. Nonnon v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
  3. Marso v. NovakAppellate Division of the Supreme Court of the State of New York · 2007
  4. Fraser v. 301-52 Townhouse Corp.Appellate Division of the Supreme Court of the State of New York · 2008
  5. Saulpaugh v. KrafteAppellate Division of the Supreme Court of the State of New York · 2004

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