Appellate Division of the Supreme Court of New York, 1998

Martinez v. New York City Transit Authority

Martinez v. New York City Transit Authority
Appellate Division of the Supreme Court of New York · Decided May 11, 1998
250 A.D.2d 653; 671 N.Y.S.2d 692; 1998 N.Y. App. Div. LEXIS 5514
Martinez v. New York City Transit Authority

Opinion of the Court

—In an action to recover damages for personal injuries, etc., the defendant New York City Transit Authority appeals from an order of the Supreme Court, Kings County (Steinhardt, J.), dated April 29, 1997, which denied its motion to preclude the plaintiffs from offering certain expert testimony.

Ordered that the order is affirmed, with costs.

Under the circumstances of this case, the court did not improvidently exercise its discretion in denying the motion of the defendant New York City Transit Authority to preclude *654the plaintiffs from offering certain expert testimony (see, CPLR 3101 [d] [1]). O’Brien, J. P., Ritter, Thompson, Friedmann and Goldstein, JJ., concur.

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