Majority
p. 153Laura Benson, Appellant, v Stanley Behrman, Respondent, et al., Defendant. [670 NYS2d 760]
—Judgment, Supreme Court, New York County (Marcy Friedman, J.), entered November 20, 1996, upon a jury verdict, dismissing the complaint as against defendant Dr. Stanley Behrman, unanimously affirmed, without costs.
In this personal injury action, the trial court properly Allowed the use of a medical text to impeach the credibility of
p. 154
plaintiffs expert witness, who had previously acknowledged the text as authoritative (see, Spiegel v Levy, 201 AD2d 378 , Iv denied 83 NY2d 758 ; Hastings v Chrysler Corp., 273 App Div 292 , 294).
The court was also correct in restraining plaintiffs counsel from straying outside the four corners of the evidence and offering his own speculation on summation with respect to a plaster model of plaintiffs teeth made before, not after, the operation at issue (see, Johnston v Colvin, 145 AD2d 846 , 848).
Concur — Sullivan, J. P., Milonas, Williams, Andrias and Saxe, JJ.
Cases cited
- Johnston v. Colvin 145 AD2d 846 at 848 p. 154