Appellate Division of the Supreme Court of New York, 2000

Palchik v. Eisenberg

Appellate Division of the Supreme Court of New York · Decided December 11, 2000

278 A.D.2d 293; 718 N.Y.S.2d 203; 2000 N.Y. App. Div. LEXIS 12932

Cases that cite this one

7 later published cases cite this decision.

Morris v. Queens Long Island Medical Group (Appellate Division of the Supreme Court of New York 2008)
Hoehmann v. Siebkin (Appellate Division of the Supreme Court of New York 2007)
Brzozowy v. ELRAC, Inc. (Appellate Division of the Supreme Court of New York 2007)
Gray v. City of New York (Appellate Division of the Supreme Court of New York 2006)
Arguinzoni v. Parkway Hospital (Appellate Division of the Supreme Court of New York 2005)
Diarassouba v. Urban (Appellate Division of the Supreme Court of New York 2005)
Johnson v. Lazarowitz (Appellate Division of the Supreme Court of New York 2004)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

In an action to recover dam*294ages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Kings County (R. Rivera, J.), entered October 1, 1999, which, upon the granting of the defendants’ oral motions to strike the testimony of the plaintiff’s expert witness and pursuant to CPLR 4401 for judgment in their favor as a matter of law, is in favor of the defendants and against her dismissing the complaint.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly struck the testimony of the plaintiffs expert, since it went beyond the scope of the allegations contained in the bill of particulars (see, Ciriello v Virgues, 156 AD2d 417).

Moreover, the Supreme Court properly granted the defendants’ motion for judgment in their favor as a matter of law since the plaintiff failed to establish a prima facie case of negligence (see, Galler v Prudential Ins. Co., 99 AD2d 720). Thompson, J. P., Sullivan, Krausman and Florio, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.