Fine Ornaments, Inc. v. Esplanade Gardens, Inc.

—Judgment, Supreme Court, New York County (Richard Lowe, III, J.), entered September 26, 1997, upon a jury verdict in favor of defendant, dismissing the complaint, unanimously affirmed, without costs.

The trial court properly excluded plaintiffs photographs, offered to show water damages to plaintiffs premises resulting from specific incidents, on the ground that plaintiffs witnesses were unable to state when the photographs were taken (see, Melendez v New York City Tr. Auth., 196 AD2d 460). While it was error to exclude plaintiffs expert’s testimony absent a pre*288trial request by defendant for…