Legal Opinion
Sushchenko v. Dyker Emergency Physicians Service,P.C.
Appellate Division of the Supreme Court of the State of New York
Decided July 26, 2011PublishedCited by 5 opinions
1Opinion of the Court
*639The trial court providently exercised its discretion in precluding the plaintiffs’ expert witness from testifying regarding causation on the ground that proper CPLR 3101 (d) disclosure was not provided (see Schwartzberg v Kingsbridge Hgts. Care Ctr., Inc., 28 AD3d 463, 464 [2006]; Hubbard v Platzer, 260 AD2d 605 [1999]; Rassaei v Kessler, 252 AD2d 577 [1998]; cf. McGlauflin v Wadhwa, 265 AD2d 534 [1999]). Proper disclosure of an expert neurologist who was to testify on the subject of causation was not provided to the respondents until several days after the trial had commenced (see…
2Cases cited13 opinions
- Szczerbiak v. PilatNew York Court of Appeals · 1997
- Lyons v. McCauleyAppellate Division of the Supreme Court of the State of New York · 1998
- Godlewska v. NiznikiewiczAppellate Division of the Supreme Court of the State of New York · 2004
- Quinn v. Artcraft Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Corning v. CarlinAppellate Division of the Supreme Court of the State of New York · 1991
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Pieter v. PolinAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of Western Ramapo Sewer Extension Project.Appellate Division of the Supreme Court of the State of New York · 2014
- Nikollbibaj v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013
- Bianco v. SherwinAppellate Division of the Supreme Court of the State of New York · 2018
- Nikollbibaj v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013