Appellate Division of the Supreme Court of the State of New York July 26, 2011 (Sheinmel v. Comar Restaurants, Inc.)

The Supreme Court providently exercised its discretion in granting the defendant’s motion in limine to preclude the proposed testimony of the plaintiffs expert. Although “[pjroof of a generally accepted practice, custom or usage within a particular trade or industry is admissible as tending to establish a standard of care, and proof of a departure from that general custom or usage may constitute