Wilmot v. Methodist Hospital

Full title: LAWRENCE WILMOT et al., Appellants, v. METHODIST HOSPITAL et al.…

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

Date published: Mar 17, 1994

202 A.D.2d 304 (N.Y. App. Div. 1994)

609 N.Y.S.2d 768

Opinion

March 17, 1994

Appeal from the Supreme Court, Kings County (Leonard Scholnick, J.).

The question of whether to permit the introduction of rebuttal evidence rests within the sound discretion of the trial court, and the court's decision in that regard should not ordinarily be disturbed on appeal absent a clear abuse of discretion. "No such abuse of discretion infects the trial court's ruling in the instant matter, and we perceive no reason to substitute our discretion for that of the Trial Judge." (Saleh v. Sears, Roebuck Co., 119 A.D.2d 652, 653, lv denied 68 N.Y.2d 611.)

Concur — Rosenberger, J.P., Ellerin, Rubin, Nardelli and Williams, JJ.