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LAZARO JOEL MONTAS, plf-ap, v. SALLY H. ABOUEL-ELA, def-res

4793. LAZARO JOEL MONTAS, plf-ap, v. SALLY H. ABOUEL-ELA, def-res — Ogen & Sedaghati, P.C., New York (Eitan A. Ogen of counsel), for ap — Picciano & Scahill, P.C., Bethpage (Andrea E. Ferrucci of counsel), for res — Judgment, Supreme Court, Bronx County (Howard H. Sherman, J.), entered April 26, 2016, upon a jury verdict in favor of defendant, unanimously affirmed, without costs.

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4793. LAZARO JOEL MONTAS, plf-ap, v. SALLY H. ABOUEL-ELA, def-res — Ogen & Sedaghati, P.C., New York (Eitan A. Ogen of counsel), for ap — Picciano & Scahill, P.C., Bethpage (Andrea E. Ferrucci of counsel), for res — Judgment, Supreme Court, Bronx County (Howard H. Sherman, J.), entered April 26, 2016, upon a jury verdict in favor of defendant, unanimously affirmed, without costs.

Plaintiff has not demonstrated conduct by defendant’s counsel that would warrant reversal. Defendant’s counsel was properly permitted to cross-examine plaintiff’s expert rebuttal witness about the circumstances surrounding his suspension from chiropractic school for falsely reporting that he had seen patients, a matter relevant to his credibility (see generally Badr v. Hogan, 75 NY2d 629, 634 [1990]; Spanier v. New York City Tr. Auth., 222 AD2d 219, 220 [1st Dept 1995]). Although the conduct was 30 years ago, the witness opened the door to its relevancy by claiming that his expert knowledge of biomechanics came, in part, from his training as a chiropractor. Counsel’s comments about the plaintiff’s expert in summations were within the broad bounds of rhetorical comment (see Selzer v. New York City Tr. Auth., 100 AD3d 157, 163 [1st Dept 2012]).

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