Opinion
February 1, 1971
In a negligence action to recover damages for fire losses, plaintiffs appeal from a judgment of the Supreme Court, Queens County, entered March 24, 1970, in favor of defendants, upon a jury verdict. Judgment reversed, on the law, and new trial granted, with costs to abide the event. We have considered the questions of fact and have determined that we would not grant a new trial upon those questions. In our opinion, the trial court, by denying plaintiffs a redirect examination of their expert, Fisk, committed reversible error, for plaintiffs were thereby barred from questioning Fisk concerning the many matters which were first elicited on defendants' cross-examination of him (Fisch, New York Evidence, § 344). Hopkins, Acting P.J., Munder, Latham, Shapiro and Christ, JJ., concur.