| Gurgenidze v Vitale |
| 2007 NY Slip Op 08035 [44 AD3d 900] |
| October 23, 2007 |
| Appellate Division, Second Department |
| Julieta Gurgenidze, Appellant, v Giuseppa Vitale et al.,Respondents. |
—[*1] Leahey & Johnson, P.C., New York, N.Y. (Peter James Johnson, Jr., of counsel), forrespondents.
In an action to recover damages for personal injuries, the plaintiff appeals from a judgment ofthe Supreme Court, Kings County (Bayne, J.), entered May 17, 2006, which, upon a jury verdicton the issue of liability, is in favor of the defendants and against her dismissing the complaint.
Ordered that the judgment is affirmed, with costs.
Contrary to the plaintiff's contention, the trial court was not prejudiced against her case or hercounsel (cf. Pickering v Lehrer,McGovern, Bovis, Inc., 25 AD3d 677 [2006]; Vazquez v Costco Cos., Inc., 17 AD3d 350 [2005]; Matter of Travelers Indem. Co. vMohammed, 14 AD3d 710 [2005]; Ougourlian v New York City Health & Hosps. Corp., 5 AD3d 644[2004]; Testa v Federated Dept. Stores, Abraham & Straus Div., 118 AD2d 696 [1986]).Additionally, the trial court providently exercised its discretion in precluding the plaintiff frompresenting the testimony of certain proposed witnesses. The plaintiff failed to demonstrate thatthe proposed police witness would give relevant and necessary admissible evidence (see Burich v Pomerantz, 41 AD3d632 [2007]; Pitts v Empire Elec.Contrs., Inc., 22 AD3d 734 [2005]; Clarke v Nadel, 50 AD2d 851 [1975]). Thetrial court properly excluded the proposed rebuttal witnesses since the plaintiff's offer of proofshowed that the testimony would have concerned collateral matters not probative of the issue inquestion (see Feldsberg v Nitschke, 49 NY2d 636 [1980]; Matter of Driscoll, 266AD2d 288 [1999]; Coopersmith v Gold, 223 AD2d 572 [1996], affd 89 NY2d957 [1997]; Hutchinson v Shaheen, 55 [*2]AD2d 833[1976]).
The plaintiff's remaining contention is unpreserved for appellate review. Schmidt, J.P.,Fisher, Lifson and Carni, JJ., concur.