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PALCHIK v. EISENBERG

278 A.D.2d 293 (2000)

718 N.Y.S.2d 203

FAINA PALCHIK, Appellant, v. MORDECHAI EISENBERG et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided December 11, 2000.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly struck the testimony of the plaintiff's expert, since it went beyond the scope of the allegations contained in the bill of particulars (see, Ciriello v Virgues, 156 A.D.2d 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...

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