Opinion
2001-09977
Argued December 10, 2002.
January 13, 2003.
In an action to recover damages for medical malpractice, etc., the plaintiffs appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Richmond County (Ponterio, J.), dated October 30, 2001, as, upon a jury verdict, is in favor of the defendants Mukund R. Patel and Orthopaedic Surgical Associates and against them dismissing the complaint insofar as asserted against those defendants.
DeBlasio, Figman, Epstein LaRocca, P.C., New York, N.Y. (Peter E. DeBlasio and Alexander J. Wulwick of counsel), for appellants.
Aaronson, Rappaport, Feinstein Deutsch, LLP (Mauro Goldberg Lilling, LLP, Great Neck, N.Y. [Kenneth Mauro and Barbara D. Goldberg] of counsel), for respondents.
Before: DAVID S. RITTER, J.P., DANIEL F. LUCIANO, BARRY A. COZIER, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed insofar as appealed from, with costs.
Contrary to the plaintiffs' contention, the Supreme Court properly precluded their counsel from questioning the defendant Mukund R. Patel about a January 4, 1994, post-operative report he allegedly authored, and properly refused to allow the report to be offered into evidence. A trial court has broad discretion to limit cross-examination when questions are not relevant to the case or concern collateral issues (see Coopersmith v. Gold, 89 N.Y.2d 957; People v. Magrigor, 281 A.D.2d 561). Here, the January 4, 1994, post-operative report was collateral since it was not relevant to any issue other than Patel's credibility (see generally Matter of People v. Schwartzman, 24 N.Y.2d 241, cert denied 396 U.S. 846).
RITTER, J.P., LUCIANO, COZIER and RIVERA, JJ., concur.