Legal Opinion

Lugo v. New York City Health & Hospitals Corp.

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

Decided September 13, 2011PublishedCited by 24 opinions

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

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  3. General Electric Co. v. JoinerSupreme Court of the United States · 1997
  4. In re AhoNew York Court of Appeals · 1976
  5. People v. WesleyNew York Court of Appeals · 1994

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3Cited by24 opinions

  1. Ratner v. McNeil-PPC, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  2. Muhammad v. FitzpatrickAppellate Division of the Supreme Court of the State of New York · 2012
  3. Hall v. BologneseAppellate Division of the Supreme Court of the State of New York · 2022
  4. People v. WakefieldNew York Supreme Court · 2015
  5. Juni v. A.O. Smith Water ProductsNew York Supreme Court · 2015

19 more not listed; retrieve them via the Exa API.

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