Legal Opinion
LaFurge v. Cohen
Appellate Division of the Supreme Court of the State of New York
Decided April 7, 2009PublishedCited by 10 opinions
1Opinion of the Court
Judgment, Supreme Court, New York County (Lottie E. Wilkins, J.), entered May 14, 2007, upon a jury verdict in defendants’ favor, unanimously affirmed, without costs.
The trial court providently exercised its discretion in precluding testimony from plaintiffs expert oncologist regarding a new theory of liability that plaintiff failed to timely disclose and which was not apparent from her prior expert disclosures. Although CPLR 3101 (d) (1) does not establish a specific time frame for expert witness disclosure, a trial court has discretion to preclude expert testimony for failure to comply with…
2Cases cited5 opinions
- Postlethwaite v. United Health Services Hospitals, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Lucian v. SchwartzAppellate Division of the Supreme Court of the State of New York · 2008
- de Hernandez v. Lutheran Medical CenterAppellate Division of the Supreme Court of the State of New York · 2007
- Durant v. ShurenAppellate Division of the Supreme Court of the State of New York · 2006
- Jordan v. Glens Falls HospitalAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by10 opinions
- Capital Master Fund LP v. Wachovia Capital Markets, LLCAppellate Division of the Supreme Court of the State of New York · 2012
- Tomaino v. 209 East 84th Street Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- in the New York Coordinated Proceeding v. Bausch & LombAppellate Division of the Supreme Court of the State of New York · 2011
- Owens v. AscencioAppellate Division of the Supreme Court of the State of New York · 2022
- Coleman v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2015
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