Smith v. Jankowski

—Judgment unanimously affirmed, with costs. Memorandum: Defendants Rowles and Jankowski appeal from jury verdicts in a negligence action which found no cause as against codefendant Pfohl and awarded plaintiff $65,000 for personal injuries. At trial, the court permitted medical testimony by doctors whose reports had not been submitted pursuant to- 22 NYCRR 1024.25 which requires exchange of medical reports in personal injury actions. In denying defendants’ motion to preclude such proof, the court found that plaintiff had submitted all available medical and hospital reports in his possession at…