Legal Opinion

Marchione v. Greenky

Appellate Division of the Supreme Court of the State of New York

Decided March 19, 2004PublishedCited by 5 opinions

1Opinion of the Court

Appeal from an order of the Supreme Court, Onondaga County (John V. Centra, J.), entered July 2, 2003. The order denied defendants’ motion to preclude plaintiff from offering expert witness testimony.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: We reject the contention of defendants that Supreme Court erred in denying their motion to preclude plaintiff from offering expert witness testimony at the trial of this medical malpractice action. “[P]reclusion for failure to comply with CPLR 3101 (d) is improper ‘unless…

2Cases cited4 opinions

  1. Peck v. Tired Iron Transport, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
  2. Shopsin v. Siben & SibenAppellate Division of the Supreme Court of the State of New York · 2001
  3. St. Hilaire v. WhiteAppellate Division of the Supreme Court of the State of New York · 2003
  4. Silverberg v. Community General HospitalAppellate Division of the Supreme Court of the State of New York · 2002

3Cited by5 opinions

  1. Carlson v. PorterAppellate Division of the Supreme Court of the State of New York · 2008
  2. Tronolone v. Praxair, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
  3. SISEMORE, II, KENNETH W. v. LEFFLER, CASEY DONALDAppellate Division of the Supreme Court of the State of New York · 2015
  4. Johnson v. GreenbergAppellate Division of the Supreme Court of the State of New York · 2006
  5. Ruzycki v. BakerAppellate Division of the Supreme Court of the State of New York · 2004

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