Legal Opinion
McGlauflin v. Wadhwa
Appellate Division of the Supreme Court of the State of New York
Decided October 25, 1999PublishedCited by 11 opinions
1Opinion of the Court
—In an action to recover damages for medical malpractice, the defendants appeal from an order of the Supreme Court, Dutchess County (Beisner, J.), dated January 27, 1999, which denied their motion to preclude the plaintiff from introducing expert testimony at the time of the trial.
Ordered that the order is affirmed, with costs.
A determination regarding whether to preclude a party from introducing the testimony of an expert witness at trial based on the party’s failure to comply with CPLR 3101 (d) (1) (i) is left to the sound discretion of the court (see, Hubbard v Platzer, 260 AD2d 605; Lyall…
2Cases cited2 opinions
- Lyall v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
- Hubbard v. PlatzerAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by11 opinions
- Evelyn Rivera v. Montefiore Medical CenterNew York Court of Appeals · 2016
- Hegler v. Loews Roosevelt Field Cinemas, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Gagliardotto v. Huntington HospitalAppellate Division of the Supreme Court of the State of New York · 2006
- Rabinowitz v. ElimianAppellate Division of the Supreme Court of the State of New York · 2008
- Farrell v. GelwanAppellate Division of the Supreme Court of the State of New York · 2006
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