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McGlauflin v. Wadhwa

Appellate Division of the Supreme Court of New York, Second Department
Oct 25, 1999
265 A.D.2d 534 (N.Y. App. Div. 1999)

Opinion

Submitted September 15, 1999

October 25, 1999

In an action to recover damages for medical malpractice, the defendants appeal from an order of the Supreme Court, Dutchess County (Beisner, J.).


ORDERED that the order is affirmed, with costs.

A determination regarding whether to preclude a party from introducing the testimony of an expert witness at trial based on the party's failure to comply with CPLR 3101(D)(1)(i) is left to the sound discretion of the court (see, Hubbard v. Platzer, 260 A.D.2d 605 [2d Dept., Apr. 26, 1999]; Lyall v. City of New York, 228 A.D.2d 566 ). Under the circumstances here, the court did not improvidently exercise its discretion in denying the defendants' motion.

S. MILLER, J.P., THOMPSON, KRAUSMAN, FLORIO, and SCHMIDT, JJ., concur.


Summaries of

McGlauflin v. Wadhwa

Appellate Division of the Supreme Court of New York, Second Department
Oct 25, 1999
265 A.D.2d 534 (N.Y. App. Div. 1999)
Case details for

McGlauflin v. Wadhwa

Case Details

Full title:MELANIE McGLAUFLIN, respondent, v. JAGDISH C. WADHWA, et al., appellants

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

Date published: Oct 25, 1999

Citations

265 A.D.2d 534 (N.Y. App. Div. 1999)
696 N.Y.S.2d 880

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