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Bramble v. Sears, Roebuck Co.

Appellate Division of the Supreme Court of New York, Second Department
Apr 29, 1991
172 A.D.2d 793 (N.Y. App. Div. 1991)

Opinion

April 29, 1991

Appeal from the Supreme Court, Kings County (Held, J.).


Ordered that the order is reversed, with costs, and the matter is remitted to the Supreme Court, Kings County, for a new determination in accordance herewith; and it is further,

Ordered that the plaintiffs, within 30 days after service upon them of a copy of this decision and order, with notice of entry, shall serve upon the defendant and file with the Supreme Court, Kings County, copies of their unredacted expert affidavits.

Since it is readily apparent from the record that the plaintiffs mistakenly believed in good faith that they were not required to name their experts or their qualifications (cf., Rubenstein v. Columbia Presbyt. Med. Center, 139 Misc.2d 349), we remit the matter to the Supreme Court in order to allow the plaintiffs an opportunity to resubmit the affidavits from "`named expert[s] which shall set forth [their] qualifications as * * * expert[s] and the evidentiary facts upon which [they base their] opinion'" (Maust v. Arseneau, 116 A.D.2d 1012, 1013, quoting from Coley v. Michelin Tire Corp., 88 A.D.2d 651). Lawrence, J.P., Eiber, Balletta and Ritter, JJ., concur.


Summaries of

Bramble v. Sears, Roebuck Co.

Appellate Division of the Supreme Court of New York, Second Department
Apr 29, 1991
172 A.D.2d 793 (N.Y. App. Div. 1991)
Case details for

Bramble v. Sears, Roebuck Co.

Case Details

Full title:GERRIEANN BRAMBLE et al., Respondents, v. SEARS, ROEBUCK CO., Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 29, 1991

Citations

172 A.D.2d 793 (N.Y. App. Div. 1991)

Citing Cases

Bramble v. Sears, Roebuck Co.

Ordered that the order is affirmed, with costs. The resubmitted affidavits of the plaintiffs' experts satisfy…