Legal Opinion

Stewart v. Avasso

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

Decided January 27, 2003Published

1Opinion of the Court

—In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Garry, J.), entered March 6, 2002, which, upon granting the defendants’ application to preclude the testimony of the plaintiff’s expert witness, and upon granting the defendants’ motion pursuant to CPLR 4401 for judgment as a matter of law at the close of the plaintiff’s case, is in favor of the defendants and against her, dismissing the complaint.

Ordered that the judgment is affirmed, with costs.

The Supreme Court correctly precluded the testimony of the…

2Cases cited4 opinions

  1. Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
  2. People v. CroninNew York Court of Appeals · 1983
  3. Quinn v. Artcraft Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
  4. Crawford v. KoloniarisAppellate Division of the Supreme Court of the State of New York · 1993

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