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Sperin v. Good Samaritan Hospital

Appellate Division of the Supreme Court of New York, Second Department
May 18, 1998
250 A.D.2d 755 (N.Y. App. Div. 1998)

Opinion

May 18, 1998

Appeal from the Supreme Court, Suffolk County (Berler, J.).


Ordered that the judgment is affirmed, with costs.

Contrary to the plaintiffs' contention, the trial court did not err in precluding them from attempting to elicit information from a defense witness regarding the content of medical texts, since what was sought to be adduced would have been improper hearsay ( see, Winant v. Carras, 208 A.D.2d 618, 619; see also, Prince, Richardson on Evidence § 7-313 [Farrell 11th ed]).

Upon our review of the record and the matters highlighted by the plaintiffs, we conclude that the plaintiffs were not denied a fair trial ( see, e.g., Rohring v. City of Niagara Falls, 192 A.D.2d 228, 230-231, affd 84 N.Y.2d 60; compare, Di Michel v. South Buffalo Ry. Co., 80 N.Y.2d 184, 198-200, cert denied sub nom. Poole v. Consolidated Rail Corp., 510 U.S. 816; Clarke v. New York City Tr. Auth., 174 A.D.2d 268). To the extent that the plaintiffs' remaining contention has merit, we find the alleged error to be harmless.

Ritter, J.P., Goldstein, McGinity and Luciano, JJ., concur.


Summaries of

Sperin v. Good Samaritan Hospital

Appellate Division of the Supreme Court of New York, Second Department
May 18, 1998
250 A.D.2d 755 (N.Y. App. Div. 1998)
Case details for

Sperin v. Good Samaritan Hospital

Case Details

Full title:BRIAN SPERIN et al., Appellants, v. GOOD SAMARITAN HOSPITAL et al.…

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

Date published: May 18, 1998

Citations

250 A.D.2d 755 (N.Y. App. Div. 1998)
672 N.Y.S.2d 254

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