Rivera v. City of New York

OPINION OF THE COURT

Peter Tom, J

In this medical malpractice action, defendant Clifford LoBrutto cross-moves for an order compelling plaintiff to comply *567with defendant’s demand for expert information pursuant to CPLR 3101 (d) (1) (i).

On May 28, 1986, Maria Cruz, conservatee, was admitted to the emergency screening clinic at New York Hospital for complaints of a headache. The physician on duty, Dr. Burke, performed a complete neurological examination of Ms. Cruz and found the results of the examination to be within normal limits. Some 17 days later Ms. Cruz was admitted to defendant Elmhurst…