Ocampo v. Pagan
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
This matter arose out of a rear-end collision, as to which the defendants conceded liability. The defendants contend that, as a result of several improper evidentiary rulings, as well as the trial justice’s injection of himself into the proceedings on behalf of the plaintiff, they were deprived of a fair trial on the issue of damages. We agree.
The court improvidently exercised its discretion in precluding the testimony of the defendants’ expert witness in the area of radiology. “CPLR 3101 (d) (1) (i) does not require a party to respond to a demand for expert witness information ‘at any…
2Cases cited15 opinions
- Michigan National Bank-Oakland v. American Centennial InsuranceNew York Court of Appeals · 1996
- Aversa v. TaubesAppellate Division of the Supreme Court of the State of New York · 1993
- Lucian v. SchwartzAppellate Division of the Supreme Court of the State of New York · 2008
- Hernandez-Vega v. Zwanger-Pesiri Radiology GroupAppellate Division of the Supreme Court of the State of New York · 2007
- Shopsin v. Siben & SibenAppellate Division of the Supreme Court of the State of New York · 2001
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3Cited by16 opinions
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- Matter of State of New York v. Dennis K.Appellate Division of the Supreme Court of the State of New York · 2014
- Saline v. SalineAppellate Division of the Supreme Court of the State of New York · 2013
- HSBC Bank USA v. McKennaNew York Supreme Court · 2012
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