Tracy v. Fagin

In an action to recover damages for medical malpractice and wrongful death, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Dutchess County (Brands, J.), dated December 16, 2005, as granted those branches of the motion of the defendants Bernard Fagin, East Hudson Urology Group, and Steven Wengrover, pursuant to CPLR 3126, which were to preclude the plaintiffs from offering evidence at trial with respect to items 4, 5, 6, and 10 of the bills of particulars and the amended bills of particulars.

Ordered that the order is modified, on the law,…