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FAINA PALCHIK, APPELLANT, v. MORDECHAI EISENBERG, ET AL., RESPONDENTS.

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).

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PALCHIK v. EISENBERG
(Dec 12, 2000)