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Hubbard v. Platzer

Appellate Division of the Supreme Court of New York, Second Department
Apr 26, 1999
260 A.D.2d 605 (N.Y. App. Div. 1999)

Opinion

April 26, 1999

Appeal from the Supreme Court, Nassau County (Winslow, J.).


Ordered that the judgment is affirmed, with costs.

The Supreme Court providently exercised its discretion in precluding the plaintiff from producing expert medical testimony based on her failure to comply with CPLR 3101 (d) (1) (i) ( see, Lyall v. City of New York, 228 A.D.2d 566; Vigilant Ins. Co. v. Barnes, 199 A.D.2d 257; Corning v. Carlin, 178 A.D.2d 576). The plaintiff did not respond to disclosure demands until after the trial began, and failed to include the substance of the expert testimony sought to be precluded by the defendant ( see, Rassaei v. Kessler, 252 A.D.2d 577). Additionally, the plaintiff failed to demonstrate good cause for her noncompliance with CPLR 3101 (d) (1) (i) ( see, Kaprelian v. Kaprelian, 236 A.D.2d 369).

O'Brien, J. P., Thompson, Krausman and Luciano, JJ., concur.


Summaries of

Hubbard v. Platzer

Appellate Division of the Supreme Court of New York, Second Department
Apr 26, 1999
260 A.D.2d 605 (N.Y. App. Div. 1999)
Case details for

Hubbard v. Platzer

Case Details

Full title:JOHN HUBBARD, Appellant, v. BETH PLATZER, Respondent

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

Date published: Apr 26, 1999

Citations

260 A.D.2d 605 (N.Y. App. Div. 1999)
688 N.Y.S.2d 672

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