Cohen v. City of New York

Full title: EVALYN COHEN, Appellant, v. CITY OF NEW YORK, Respondent

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

Date published: Jan 31, 1995

211 A.D.2d 604 (N.Y. App. Div. 1995)

621 N.Y.S.2d 616

Opinion

January 31, 1995

Appeal from the Supreme Court, New York County (Alfred Lerner, J.).

Plaintiff's proposal for videotaping or stenographically recording the testimony of her medical report expert would deprive defendant of the opportunity of cross examining the expert at trial, and was properly rejected where the only reason given for the proposal was that the expert was too busy to attend the trial (compare, Hill v. Shehan, 154 A.D.2d 912). We modify to permit the requested amendment to the bill of particulars, there being no opposition thereto by defendant.

Concur — Rosenberger, J.P., Kupferman, Nardelli and Tom, JJ.