Opinion
2001-04800
Argued September 23, 2002.
October 15, 2002.
In an action to recover damages for personal injuries based on products liability, the plaintiff appeals from an order of the Supreme Court, Queens County (Posner, J.), dated March 29, 2001, which granted that branch of the defendant's motion which was pursuant to CPLR 4404(a) to set aside a jury verdict on the issue of liability in her favor as a matter of law, and dismissed the complaint.
Kazmierczuk McGrath, Richmond Hill, N.Y. (John P. McGrath of counsel), for appellant.
Quesada Moore, LLP, West Hempstead, N.Y. (Victoria Quesada and Robert L. Moore of counsel), for respondent.
Before: SONDRA MILLER, J.P., WILLIAM D. FRIEDMANN, STEPHEN G. CRANE, REINALDO E. RIVERA, JJ.
ORDERED that the order is affirmed, with costs.
"Whether a witness is qualified to testify as an expert is within the discretion of the trial court, and its determination will not be disturbed in the absence of a serious mistake, an error of law, or an improvident exercise of discretion" (Goldman v. County of Nassau, 170 A.D.2d 648; see Hong v. County of Nassau, 139 A.D.2d 566; Meiselman v. Crown Hgts. Hosp., 285 N.Y. 389, 398-399). Here, the Supreme Court correctly determined that the plaintiff's expert witness was unqualified to offer testimony relevant to the alleged design defect in the defendant's product.
Under the facts of this case, the Supreme Court properly granted that branch of the defendant's motion which was pursuant to CPLR 4404(a) to set aside the jury's verdict in favor of the plaintiff on the issue of liability, as a matter of law (see Lessard v. Caterpillar, Inc., 291 A.D.2d 825, 826, lv denied 98 N.Y.2d 603).
The plaintiff's remaining contentions are without merit.
S. MILLER, J.P., FRIEDMANN, CRANE and RIVERA, JJ., concur.