Vinci v. Ford Motor Co.

Sullivan, J.P., and Buckley, J.,

dissent in part in a memorandum by Buckley, J., as follows: I agree that the trial court properly exercised its discretion in admitting defendant’s crash test reenacting the accident in this products liability case. Evidence of experiments is properly admissible so long as the proponent establishes a substantial similarity between the conditions under which the experiments were conducted and the conditions at the time of the accident, particularly where the opponent has an unrestricted opportunity to cross-examine (see Styles v General Motors Corp., 20 AD3d…