Lugo v. New York City Health & Hospitals Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Covello, J.
Introduction
New York courts apply the rule of Frye v United States (293 F 1013 [1923]) that expert testimony based on scientific principles *44or procedures is admissible, but only after a principle or procedure has gained general acceptance in its specified field. In this medical malpractice action, the principal question presented on this appeal is whether the Supreme Court, in applying the Frye test, properly determined that the opinion testimony of the plaintiffs’ experts that the infant plaintiffs brain injuries were caused by an episode of severe neonatal…
2Cases cited30 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- General Electric Co. v. JoinerSupreme Court of the United States · 1997
- In re AhoNew York Court of Appeals · 1976
- People v. WesleyNew York Court of Appeals · 1994
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