Leffler v. Feld

Order, Supreme Court, Bronx County (Edgar Walker, J.), entered June 12, 2007, which granted defendant’s motion for a Frye hearing, unanimously affirmed, without costs. Order, same court and Justice, entered July 18, 2007, which, after the Frye hearing, precluded the testimony of plaintiffs’ expert, unanimously reversed, on the law, without costs, and defendant’s motion to preclude denied.

The court correctly concluded that the theory of causation in this medical malpractice action was a novel one (see Frye v United States, 293 F 1013 [DC Cir 1923]) and thus warranted a Frye hearing (see Zito v…