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WHITE v. LUNA

2014-10268, Index No. 20162/10.

139 A.D.3d 939 (2016)

30 N.Y.S.3d 575

2016 NY Slip Op 03874

KIRK WHITE, Respondent, et al., Plaintiffs, v. VICTOR LUNA et al., Appellants, et al., Defendant.

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

Decided May 18, 2016.

Ordered that the judgment is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Kings County, for a new trial on the issue of damages only.

During the damages phase of this bifurcated trial, the Supreme Court precluded the appellants' biomechanical engineer from testifying. The determination of a witness's qualification to testify as an expert rests in the discretion of the trial court and...

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