Orsini v. Postel

—Order, Supreme Court, New York County (Karla Moskowitz, J.), entered May 3, 1999, which, in an action for medical malpractice, denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The IAS Court properly exercised its discretion in considering the supplemental physician’s affirmation that plaintiff submitted, without prior court leave, in response to defendant’s reply, where such affirmation was submitted well in advance of argument, the IAS Court expressly offered defendant an opportunity to respond, and it does not otherwise appear…