Opinion
June 1, 1998
Appeal from the Supreme Court, Kings County (G. Aronin, J.).
Ordered that the judgment is reversed, on the law, and a new trial is granted on the issue of damages only, with costs to abide the event.
Because the plaintiff failed to turn over the report of his treating physician pursuant to 22 NYCRR 202.17 (g), and failed to make the requisite showing of good cause for the admission of this physician's testimony, a new trial is warranted on the issue of damages under the circumstances of this case (see, 22 NYCRR 202.17 [g], [h]; Baden v. Peterson Trust, 190 A.D.2d 705, 706).
The remaining contentions of the appellants Hector L. Colon and Metropolitan Ambulance are without merit.
Rosenblatt, J. P., Ritter, Krausman and McGinity, JJ., concur.