Banister v. Marquis

Contrary to the plaintiffs’ contention, the trial court providently exercised its discretion in precluding them from calling an expert radiologist to testify. The proffered explanation for failing to identify this witness until after the trial began was not based on good cause (see CFLR 3101 [d] [1] [i]; Lucian v Schwartz, 55 AD3d 687, 688 [2008]; Caccioppoli v City of New York, 50 AD3d 1079, 1080 [2008]).

The trial court properly admitted into evidence the reports of *1047a radiologist from Long Island Jewish Medical Center, as they were germane to the diagnosis and treatment of the infant…