Barbara Jozwik v. Mohammed Monir, et al
Barbara Jozwik
Appellant
-against-
Mohammed Monir, et al
Respondent
Index No. 151576/2014
Docket No. 2023-03703
Barbara Jozwik, appellant.
McManus Ateshoglou Aiello & Apostolakos PLLC, New York, NY for Defendants at trial, for Respondents on appeal.
At trial, Defendant moved in limine to preclude Plaintiff’s medical expert’s testimony, as his opinion was based, in part, on medical records that could not be properly admitted into evidence. Upon preclusion of the expert’s testimony, Defendants moved to dismiss the complaint, as, without the medical expert’s testimony, Plaintiff could not sustain her burden of proving she sustained a serious injury.
The trial court (Hon. Lyle E. Frank) granted Defendants’ motions and dismissed the complaint.
On appeal Plaintiff argued that the trial court erred in granting Defendants’ motions.
By decision and order dated June 11, 2024, the Appellate Division, First Department unanimously affirmed the trial court’s order granting preclusion of Plaintiff’s medical expert and dismissing the complaint. The Appellate Division found that the testimony of Plaintiff’s expert was correctly precluded, and that Plaintiff could not sustain her burden of proof at trial.
James McGuire at trial.
Joseph Chiantella on the motions.
Steven Ateshoglou on appeal.