Legal Opinion

Carroll v. Nunez

New York Supreme Court

Decided January 17, 1990PublishedCited by 3 opinions

1Opinion of the Court

*423OPINION OF THE COURT

Joseph Harris, J.

Defendant Nunez moves to preclude plaintiff from offering expert proof at trial, based upon the plaintiff’s alleged failure to comply with defendant’s demand for expert’s identity. Plaintiff cross-moves against both defendants for the identical relief.

The instant case presents important issues regarding the proper content of expert demands under recently amended CPLR 3101 (d), which amendment was part of the comprehensive medical malpractice bill of 1985 (L 1985, ch 294), the adequacy of responses thereto, and the practice of "eve of trial” retention of…

2Cases cited7 opinions

  1. Renucci v. Mercy HospitalAppellate Division of the Supreme Court of the State of New York · 1986
  2. Pizzi v. MucciaAppellate Division of the Supreme Court of the State of New York · 1987
  3. In re the Claim of TheurerAppellate Division of the Supreme Court of the State of New York · 1977
  4. Salander v. Central General HospitalNew York Supreme Court · 1985
  5. McGoldrick v. Whitney M. Young, Jr. Health Center, Inc.New York Supreme Court · 1987

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Busse v. Clark Equipment Co.Appellate Division of the Supreme Court of the State of New York · 1992
  2. Tamborino v. BurakoffAppellate Division of the Supreme Court of the State of New York · 1996
  3. Gilbert v. LuvinNew York Supreme Court · 2000

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