Dawe v. New York State Electric & Gas Corp.

— Judgment unanimously affirmed with costs. Memorandum: This action was commenced in 1983. The trial court should have permitted defendants to introduce into evidence the testimony of their expert, who would have testified concerning the effects on plaintiff Thomas Dawe’s life expectancy of health problems unrelated to the subject accident (see, Melito v Genesee Hosp., 167 AD2d 842, 843). The expert was neither an examining nor a treating physician and pretrial disclosure of her testimony was not required by any rule or statute. Defendants, however, are not entitled to a new trial because the…