McGee v. Family Care Services

Order, Supreme Court, Bronx County (Luis Gonzalez, J.), entered December 5, 1996, which denied defendants’ motion to strike plaintiffs note of issue and certificate of readiness, unanimously affirmed, with costs.

The motion was based on plaintiffs failure to disclose experts who would testify for him at trial. In opposition, plaintiff supplied an expert designation, which defendant’s reply argued was inadequate under CPLR 3101 (d) (1) (i). The motion court, noting that plaintiffs designated expert was also his treating physician, held that defendant had sufficient notice of this witness’s…