See Chang Chiu v. Garcia

Appellate Division of the Supreme Court of New York

See Chang Chiu v. Garcia

75 A.D.2d 594, 426 N.Y.S.2d 803, 1980 N.Y. App. Div. LEXIS 11028

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 14, 1980

StatusPublished

Cited by6 cases

This text of 75 A.D.2d 594 (See Chang Chiu v. Garcia) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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See Chang Chiu v. Garcia, 75 A.D.2d 594, 426 N.Y.S.2d 803, 1980 N.Y. App. Div. LEXIS 11028 (N.Y. Ct. App. 1980).

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Opinion

In a negligence action to recover damages for personal injuries, defendants appeal from a judgment of the Supreme Court, Queens County, entered November 27, 1978, which is in favor of plaintiff and against them, upon a jury verdict. Judgment reversed, on the law, and new trial granted with respect to the issue of damages only, with costs to abide the event. Trial Term erred in allowing plaintiff’s medical expert, Dr. Chaitin, to testify as to matters shown on X rays which were not in evidence and whose absence was not explained (see Richter v Trailways of New England, 28 AD2d 737; Sirico v Cotto, 67 Misc 2d 636). Damiani, J. P., Mangano, Gibbons and O’Connor, JJ., concur.

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In a negligence action to recover damages for personal injuries, defendants appeal from a judgment of the Supreme Court, Queens County, entered November 27, 1978, which is in favor of plaintiff and against them, upon a jury verdict. Judgment reversed, on the law, and new trial granted with respect to the issue of damages only, with costs to abide the event. Trial Term erred in allowing plaintiff’s medical expert, Dr. Chaitin, to testify as to matters shown on X rays which were not in evidence and whose absence was not explained (see Richter v Trailways of New England, 28 AD2d 737; Sirico v Cotto, 67 Misc 2d 636). Damiani, J. P., Mangano, Gibbons and O’Connor, JJ., concur.

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75 A.D.2d 594, 426 N.Y.S.2d 803, 1980 N.Y. App. Div. LEXIS 11028, Counsel Stack Legal Research, https://law.counselstack.com/opinion/see-chang-chiu-v-garcia-nyappdiv-1980.

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