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Salm v. Moses

Appellate Division of the Supreme Court of New York, First Department
Dec 18, 2008
57 A.D.3d 370 (N.Y. App. Div. 2008)

Opinion

December 18, 2008.

Judgment, Supreme Court, New York County (Nicholas Figueroa, J.), entered October 1, 2007, after a jury verdict in defendant's favor, unanimously affirmed, without costs.

Before: Mazzarelli, J.P., Gonzalez, Catterson, McGuire and Acosta, JJ.


The trial court properly limited the scope of cross-examination of defendant's expert by precluding inquiry into the fact that he and defendant were insureds and shareholders in the same dental malpractice insurance company. The court acted within its discretionary authority ( see Feldsberg v Nitschke, 49 NY2d 636, 643), and "achieved a fair balance between the plaintiff['s] right to attack the expert witness's credibility and the prejudicial effect of introducing the fact of [the defendant]'s insurance coverage" ( Cerasuoll v Brevetti, 166 AD2d 403, 404).


Summaries of

Salm v. Moses

Appellate Division of the Supreme Court of New York, First Department
Dec 18, 2008
57 A.D.3d 370 (N.Y. App. Div. 2008)
Case details for

Salm v. Moses

Case Details

Full title:LILY SALM, Appellant, v. MARK S. MOSES, D.D.S., Respondent

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

Date published: Dec 18, 2008

Citations

57 A.D.3d 370 (N.Y. App. Div. 2008)
868 N.Y.S.2d 532

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The Appellate Division affirmed a judgment of the Supreme Court, New York County (Nicholas Figueroa, J.),…