Summary
upholding “restraining plaintiff's counsel from straying outside four corners of the evidence and offering his own speculation on summation”
Summary of this case from Selzer v. N.Y.C. Transit Auth.Opinion
March 5, 1998
Appeal from the Supreme Court, New York County (Marcy Friedman, J.).
In this personal injury action, the trial court properly allowed the use of a medical text to impeach the credibility of plaintiff's expert witness, who had previously acknowledged the text as authoritative (see, Spiegel v. Levy, 201 A.D.2d 378, lv denied 83 N.Y.2d 758; Hastings v. Chrysler Corp., 273 App. Div. 292, 294).
The court was also correct in restraining plaintiff's counsel from straying outside the four corners of the evidence and offering his own speculation on summation with respect to a plaster model of plaintiff's teeth made before, not after, the operation at issue (see, Johnston v. Colvin, 145 A.D.2d 846, 848).
Concur — Sullivan, J. P., Milonas, Williams, Andrias and Saxe, JJ.