French v. Schiavo

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered November 13, 2003, which, insofar as appealed from as limited by the briefs, granted defendants’ cross motion to preclude plaintiff from offering any evidence concerning a diagnosis of traumatic epilepsy on retrial, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, the cross motion denied and plaintiff granted permission to tender such evidence at trial, provided that defendants be afforded an opportunity to conduct additional discovery, including at least one more physical…