Cruz v. Gustitos

In an action to recover damages for personal injuries, the defendants appeal from a judgment of the Supreme Court, Nassau County (Palmieri, J.), entered May 22, 2007, which, upon a jury verdict, and upon the granting of the plaintiffs application pursuant to CPLR 3101 (d) to preclude their medical experts from testifying at trial, is in favor of the plaintiff and against them in the principal sum of $235,000.

Ordered that the judgment is reversed, on the facts and in *964the exercise of discretion, with costs, the application is denied, and a new trial is granted on the issue of damages only.

This…