Schwartz v. Tab Operating Co.

Judgment, Supreme Court, New York County (Karla Moskowitz, J., and a jury), entered April 16, 1996, awarding plaintiff damages in an action for personal injuries sustained as a result of being struck by an automobile, unanimously affirmed, with costs.

The trial court’s ruling not to preclude the testimony of plaintiff’s expert for noncompliance with CPLR 3101 (d) (1) (i) was a proper exercise of discretion (see, Lesser v Lacher, 203 AD2d 181), where such testimony was limited to what was contained in the expert’s records that defendants could have obtained well before trial, having been…