Smalley v. Harley-Davidson Motor Co. Group LLC

Appeal from an order of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered July 28, 2014. The order, among other things, granted defendants’ motion seeking an order confirming that certain prior evidentiary rulings made by the court constitute the law of the case.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying that part of defendants’ motion seeking to preclude the expert testimony and evidence of customer complaints to the extent such evidence is *1491relevant to defendants’ continuing duty to warn, and as modified the order is…