Legal Opinion
Ashton v. D.O.C.S. Continuum Medical Group
Appellate Division of the Supreme Court of the State of New York
Decided December 22, 2009PublishedCited by 7 opinions
1Opinion of the Court
*614The court properly exercised its discretion in directing plaintiff to submit a supplemental expert affirmation stating the basis for the expert’s opinion, where defendants were permitted to respond and were not otherwise prejudiced (see Orsini v Postel, 267 AD2d 18 [1999]).
The expert medical affirmation submitted by plaintiff, relying on plaintiff’s medical records from early 2005 demonstrating the absence of any reference to a cough or a bulge in plaintiffs chest, was sufficient to raise an issue of fact as to whether plaintiffs disease had progressed to the “bulky” stage during the relevant…
2Cases cited4 opinions
- Marsh v. SmythAppellate Division of the Supreme Court of the State of New York · 2004
- Boston v. WeissbartAppellate Division of the Supreme Court of the State of New York · 2009
- Orsini v. PostelAppellate Division of the Supreme Court of the State of New York · 1999
- Parnell v. Montefiore Medical CenterAppellate Division of the Supreme Court of the State of New York · 2009
3Cited by7 opinions
- Ostrov v. RozbruchAppellate Division of the Supreme Court of the State of New York · 2012
- GUZEK, GREGORY G. v. B&L WHOLESALE SUPPLY, INC.Appellate Division of the Supreme Court of the State of New York · 2015
- Plaza v. New York Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2012
- Plaza v. New York Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2012
- Robinson v. Bronx-Lebanon Hospital CenterAppellate Division of the Supreme Court of the State of New York · 2014
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