Opinion
Argued November 3, 2000.
December 12, 2000.
In an action to recover damages 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.
Pomerance and Collins, LLP, New York, N.Y. (Ronald V. Pomerance of counsel), for appellant.
Steve S. Efron, New York, N.Y., for respondents.
Before: WILLIAM C. THOMPSON, J.P., THOMAS R. SULLIVAN, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, JJ.
DECISION ORDER
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 facie case of negligence (see, Galler v. Prudential Ins. Co. of Am., 99 A.D.2d 720).