Allen v. Calleja

In an action, inter alia, to recover damages for wrongful death resulting from medical malpractice, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (O’Donoghue, J.), entered April 17, 2007, as granted the defendants’ separate cross motions to preclude him from adducing expert witness testimony at trial and, upon preclusion, directed the dismissal of the complaint.

*498Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs, and the defendants’ separate cross motions are denied.

The plaintiff, as…