Davis v. New York City Transit Authority

OPINION OF THE COURT

Memorandum.

Judgment reversed without costs and matter remanded for a new trial limited to the issue of damages.

In this personal injury action, the lower court precluded Dr. Rothman, defendant’s expert medical witness, from testifying as to his interpretation of plaintiffs MRI films which were admitted into evidence. The basis of the court’s decision for precluding Dr. Rothman’s testimony was that defendant failed to disclose the expert’s report regarding said films to plaintiff as allegedly required under 22 NYCRR 208.13 and made no showing of good cause as to why it…