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Salm v. Moses

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


December 18, 2008

LILY SALM, PLAINTIFF-APPELLANT,
v.
MARK S. MOSES, D.D.S., DEFENDANT-RESPONDENT.

Judgment, Supreme Court, New York County (Nicholas Figueroa, J.), entered October 1, 2007, after a jury verdict in defendant's favor, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Mazzarelli, J.P., Gonzalez, Catterson, McGuire, Acosta, JJ.

111294/05

The trial court properly limited the scope of cross-examination of defendant's expert by precluding inquiry into the fact that he and defendant were insureds and shareholders in the same dental malpractice insurance company. The court acted within its discretionary authority (see Feldsberg v Nitschke, 49 NY2d 636, 643 [1980]), and "achieved a fair balance between the plaintiff's right to attack the expert witness's credibility and the prejudicial effect of introducing the fact of [the defendant]'s insurance coverage" (Cerasuoli v Brevetti, 166 AD2d 403, 404 [1990]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20081218

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