Ingleston v. Francis
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCrew Iii, J.
Appeal from an order of the Supreme Court (Keegan, J.), entered April 19, 1993 in Albany County, which, inter alia, granted defendants’ motion to dismiss the complaint.
Plaintiff commenced this action to recover damages for a thigh contusion, myositis ossificus, pain and suffering and permanent disfigurement of her left thigh as the result of a motor vehicle accident which occurred on December 21, 1988. In December 1988, defendants served a demand for experts in accordance with CPLR 3101 (d) (1). Plaintiff’s response was that "[e]xperts [had] not yet been retained”. Approximately one week…
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