Haller v. Gacioch

Memorandum: Plaintiff appeals from a judgment entered upon a jury verdict finding that, although defendant Gerald M. Gacioch, M.D. was negligent in leaving a cardiac sheath in plaintiffs decedent without administering systemic anticoagulation medication, that negligence was not a substantial factor in causing decedent’s injuries. On appeal, plaintiff contends that Supreme Court erred in refusing to permit-the prior testimony of her expert adduced at a Frey hearing to be read to the jury pursuant to CPLR 4517 (a) (4). We reject plaintiffs contention, because that testimony does not constitute…