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See Chang Chiu v. Garcia

Appellate Division of the Supreme Court of New York, Second Department
Apr 14, 1980
75 A.D.2d 594 (N.Y. App. Div. 1980)

Opinion

April 14, 1980


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 A.D.2d 737; Sirico v. Cotto, 67 Misc.2d 636). Damiani, J.P., Mangano, Gibbons and O'Connor, JJ., concur.


Summaries of

See Chang Chiu v. Garcia

Appellate Division of the Supreme Court of New York, Second Department
Apr 14, 1980
75 A.D.2d 594 (N.Y. App. Div. 1980)
Case details for

See Chang Chiu v. Garcia

Case Details

Full title:SEE CHANG CHIU, Respondent, v. CARLOS GARCIA et al., Appellants

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 14, 1980

Citations

75 A.D.2d 594 (N.Y. App. Div. 1980)

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