Evidence.

Practice point: It was not an improvident exercise of the court's discretion to preclude plaintiff's expert from testifying to 15 days of alleged pain and suffering where, until the eve of trial, and without any explanation for lateness, plaintiff led defendants to believe that her expert would opine that she experienced 10 minutes of pain and suffering.

Student note: Nor did the trial court err in allowing defendants to introduce evidence of decedent's character, including a prior guilty plea to a shoplifting offense. Plaintiff sought to recover damages for loss of the "intellectual, moral, and physical guidance" incurred due to the loss of plaintiff as a parent to her daughter. This evidence is relevant to such a claim. In any event, plaintiff's counsel opened the door to evidence of decedent's shoplifting by affirmatively placing her character in issue in the opening statement.

Case: Sanchez v. City of New York, NY Slip Op 05787 (1st Dept. 2012).

Here is the decision.

Tomorrow’s issue: Attorney’s fees in a matrimonial matter.