Munoz v. 608-610 Realty Corp.

Appellate Division of the Supreme Court of New York

Munoz v. 608-610 Realty Corp.

194 A.D.2d 496, 599 N.Y.S.2d 565, 1993 N.Y. App. Div. LEXIS 6795

Appellate Division of the Supreme Court of the State of New York·Decided June 29, 1993·Published·Cited by 1 cases

Opinion

—Judgment, Supreme Court, Bronx County (Alan J. Saks, J.), entered on or about February 6, 1992, upon a verdict in favor of plaintiff and against defendants, awarding damages of $15,000, unanimously affirmed, without costs.

The report of plaintiffs consulting surgeon was evidence of a kind accepted in the medical profession as reliable in forming a professional opinion (see, Borden v Brady, 92 AD2d 983; Hambsch v New York City Tr. Auth., 63 NY2d 723, 726), and thus defense counsel’s reference to the report in cross-examining plaintiffs treating physician, and use of the findings contained therein in propounding hypothetical questions to one of defendants’ medical experts, was proper and does not warrant the granting of a new trial on the issue of damages. Concur—Rosenberger, J. P., Kupferman, Kassal and Rubin, JJ.

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—Judgment, Supreme Court, Bronx County (Alan J. Saks, J.), entered on or about February 6, 1992, upon a verdict in favor of plaintiff and against defendants, awarding damages of $15,000, unanimously affirmed, without costs.

The report of plaintiffs consulting surgeon was evidence of a kind accepted in the medical profession as reliable in forming a professional opinion (see, Borden v Brady, 92 AD2d 983; Hambsch v New York City Tr. Auth., 63 NY2d 723, 726), and thus defense counsel’s reference to the report in cross-examining plaintiffs treating physician, and use of the findings contained therein in propounding hypothetical questions to one of defendants’ medical experts, was proper and does not warrant the granting of a new trial on the issue of damages. Concur—Rosenberger, J. P., Kupferman, Kassal and Rubin, JJ.

Munoz v. 608-610 Realty Corp., 194 A.D.2d 496, 599 N.Y.S.2d 565, 1993 N.Y. App. Div. LEXIS 6795 (N.Y. Ct. App. 1993).

Pincite

194 A.D.2d 496 (Munoz v. 608-610 Realty Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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