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Kelly v. Lieber

Appellate Division of the Supreme Court of New York, Second Department
May 10, 1999
261 A.D.2d 441 (N.Y. App. Div. 1999)

Opinion

May 10, 1999

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


Ordered that the judgment is affirmed, with one bill of costs.

"The determination of what evidence may be introduced for purposes of impeachment lies within the sound discretion of the trial court" ( People v. Coleman, 56 N.Y.2d 269, 273; see also, Gedrin v. Long Is. Jewish-Hillside Med. Ctr., 119 A.D.2d 799). Contrary to the plaintiffs' contention, the trial court did not improvidently exercise its discretion in permitting the respondents to pose certain questions to the plaintiffs' expert during cross-examination.

Viewing the evidence in the light most favorable to the plaintiffs and giving the plaintiffs the benefit of every favorable inference, they did not establish a prima facie case that the respondents deviated or departed from good and accepted medical practice or that the plaintiff Sandra Kelly's injuries were proximately caused by any such departure ( see, Gross v. Friedman, 138 A.D.2d 571, affd 73 N.Y.2d 721; Hylick v. Halweil, 112 A.D.2d 400). Consequently, the court properly granted the respondents' respective motions for judgment as a matter of law.

S. Miller, J. P., Sullivan, Joy and Altman, JJ., concur.


Summaries of

Kelly v. Lieber

Appellate Division of the Supreme Court of New York, Second Department
May 10, 1999
261 A.D.2d 441 (N.Y. App. Div. 1999)
Case details for

Kelly v. Lieber

Case Details

Full title:SANDRA KELLY et al., Appellants, v. HERBERT M. LIEBER et al., Respondents…

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

Date published: May 10, 1999

Citations

261 A.D.2d 441 (N.Y. App. Div. 1999)
690 N.Y.S.2d 108

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