Pilecki v. Cromwell

Hurlbutt and Kehoe, JJ.

(dissenting). We agree with the majority that Supreme Court did not abuse its discretion in permitting defendant Children’s Hospital of Buffalo (Hospital) and defendant Hospital personnel to present expert testimony that the injuries to plaintiff’s daughter were caused by an intrauterine infection resulting from the Coxsackie virus. We disagree with the majority, however, that there should be a new trial because plaintiff was confronted with a “new and highly complex defense on the eve of trial.” With respect to the belated disclosure of the expert testimony on…