Legal Opinion

Wagman v. Bradshaw

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

Decided March 18, 2002PublishedCited by 69 opinions

1Opinion of the Court

OPINION OF THE COURT

Luciano, J.

The question before the Court is whether a chiropractor who treated the plaintiff was properly permitted to testify as to the contents of an inadmissible written report interpreting magnetic resonance imaging (hereinafter MRI) films, which was prepared by another healthcare professional who did not testify, when the MRI films were not in evidence, and without proof that, as out-of-court material, the written MRI report was reliable.

The Court of Appeals has held that an expert witness may testify that he or she relied upon specific, inadmissible out-of-court…

2Cases cited16 opinions

  1. Romano v. StanleyNew York Court of Appeals · 1997
  2. Hambsch v. New York City Transit AuthorityNew York Court of Appeals · 1984
  3. People v. SugdenNew York Court of Appeals · 1974
  4. Schozer v. William Penn Life InsuranceNew York Court of Appeals · 1994
  5. Borden v. BradyAppellate Division of the Supreme Court of the State of New York · 1983

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3Cited by69 opinions

  1. Murphy v. Columbia UniversityAppellate Division of the Supreme Court of the State of New York · 2004
  2. Elshaarawy v. U-Haul Co.Appellate Division of the Supreme Court of the State of New York · 2010
  3. State v. Steven L.Appellate Division of the Supreme Court of the State of New York · 2009
  4. Moon Ok Kwon v. MartinAppellate Division of the Supreme Court of the State of New York · 2005
  5. Adkins v. Queens Van-Plan, Inc.Appellate Division of the Supreme Court of the State of New York · 2002

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