Opinion
2000-11359
Argued February 8, 2002.
March 5, 2002.
In an action to recover damages for personal injuries, the defendant appeals from a judgment of the Supreme Court, Orange County (Peter C. Patsalos, J.), entered October 3, 2000, which, upon a jury verdict, is in favor of the plaintiff and against him in the principal sum of $80,000.
Gary W. Gramer, Lake Grove, N.Y., for appellant.
Birbrower, Montalbano, Condon Frank, P.C., New City, N.Y. (Jeffrey B. Saunders and Valerie J. Crown of counsel), for respondent.
Before: A. GAIL PRUDENTI, P.J., FRED T. SANTUCCI, ANITA R. FLORIO, WILLIAM D. FRIEDMANN, JJ.
ORDERED that the judgment is affirmed, with costs.
Contrary to the defendant's contention, the trial court properly permitted the plaintiff's treating physicians to testify at trial, notwithstanding the plaintiff's failure to provide him with information regarding those physicians pursuant to CPLR 3101(d)(1)(i). It is well settled that the disclosure requirements of CPLR 3101(d)(1)(i) do not apply to treating physicians (see, Mantuano v. Mehale, 258 A.D.2d 566; Overeem v. Neuhoff, 254 A.D.2d 398).
The trial court properly refused to charge the jury with respect to Vehicle and Traffic Law § 1180(a), as there was no evidence that the plaintiff was traveling at an unreasonable or imprudent speed at the time of the accident (see, Putnam v. Lamoreaux, 59 A.D.2d 974).
The defendant's remaining contention is without merit.
PRUDENTI, P.J., SANTUCCI, FLORIO and FRIEDMANN, JJ., concur.