Rivera v. City of New York

I would reverse and remand for a new trial on the issue of damages.

The facts here track those found by this court to be reversible error in Kastner v Rodriquez (91 AD2d 950). The permanency of the injuries sustained by this plaintiff-respondent was the pivotal issue on the trial. A medical witness, Dr. Parnés, testified for plaintiff, and a private investigator was called by defendant to show motion pictures to belie permanency. Defendant contends Dr. Parnés’ testimony was improperly admitted. The doctor had examined plaintiff a few days prior to testifying, but there was no compliance with…