Sklenar v. Weinstein

Appellate Terms of the Supreme Court of New York

Sklenar v. Weinstein

40 Misc. 2d 990, 245 N.Y.S.2d 87, 1963 N.Y. Misc. LEXIS 2151

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 4, 1963

StatusPublished

Cited by1 cases

This text of 40 Misc. 2d 990 (Sklenar v. Weinstein) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sklenar v. Weinstein, 40 Misc. 2d 990, 245 N.Y.S.2d 87, 1963 N.Y. Misc. LEXIS 2151 (N.Y. Ct. App. 1963).

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Opinions

Per Curiam.

The physician’s testimony below falls short of the required reasonably certain medical opinion on the vital issue of causation. It was prejudicial, reversible error, therefore, for the trial court to allow the jury to consider plaintiffs’ causally unrelated testimony regarding their alleged discomfort or difficulty in sexual relations.

The judgment should be reversed and a new trial ordered, with $30 costs to appellant to abide the event.

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Per Curiam.

The physician’s testimony below falls short of the required reasonably certain medical opinion on the vital issue of causation. It was prejudicial, reversible error, therefore, for the trial court to allow the jury to consider plaintiffs’ causally unrelated testimony regarding their alleged discomfort or difficulty in sexual relations.

The judgment should be reversed and a new trial ordered, with $30 costs to appellant to abide the event.

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Bluebook (online)

40 Misc. 2d 990, 245 N.Y.S.2d 87, 1963 N.Y. Misc. LEXIS 2151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sklenar-v-weinstein-nyappterm-1963.

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