CPLR 3101(d)(1)
May 6, 2017 No Comments
Yampolskiy v Baron, 2017 NY Slip Op 03556 (2d Dept. 2007) “”[A] party’s failure to disclose its experts pursuant to CPLR 3101(d)(1)(i) prior to the filing of
Yampolskiy v Baron, 2017 NY Slip Op 03556 (2d Dept. 2007) “”[A] party’s failure to disclose its experts pursuant to CPLR 3101(d)(1)(i) prior to the filing of
Bartolacci-Meir v Sassoon, 2017 NY Slip Op 03040 (1st Dept. 2017) “The nonconclusory opinion of a qualified expert based on competnt evidence that a defendant departed from
DiLorenzo v Zaso, 2017 NY Slip Op 02402 (2d Dept. 2017) “[A] medical expert need not be a specialist in a particular field in order to testify
Steinberg v Lenox Hill Hosp., 2017 NY Slip Op 02383 (1st Dept. 2017) Yes, the general rule is that a physician can offer an expert opinion about
Severino v Weller, 2017 NY Slip Op 01325 (1st Dept. 2017) This is from the dissent which would have granted summary judgment to the doctor and the
Mezzone v Goetz, 2016 NY Slip Op 08474 (1st Dept. 2016) “However, plaintiff testified that his left foot wound did have pus emanating from the wound site,
Tate-Mitros v MTA N.Y. City Tr., 2016 NY Slip Op 07394 (1st Dept. 2016) There seem to be a few attorneys who do not understand the minimal
Rivera v Montefiore Med. Ctr., 2016 NY Slip Op 06854 (2016) Perhaps one of the most misunderstood and contrarily construed provisions of the CPLR is expert witness
Sepulveda v Dayal, 2016 NY Slip Op 06949 (2016) (1) To paraphrase, there were many experts who offered differing testimony “whether the infant plaintiff’s neuroblastoma could have been
New Horizon Surgical Ctr., L.L.C. v Allstate Ins. Co., 2016 NY Slip Op 51125(U)(App. Term 2d Dept. 2016) (1) “The sole witness to testify at trial was
People v Howard, 2015 NY Slip Op 08870 (3d Dept. 2015) Sometimes, you cannot obtain all of the links of the hearsay chain and have to rely
Coleman v New York City Tr. Auth., 2015 NY Slip Op 08906 (1st Dept. 2015) The general rule from the Second Department is a violation of 3101(d)
Lavi v NYU Hosps. Ctr., 2015 NY Slip Op 08715 (2d Dept. 2015) “In opposition, the plaintiffs failed to raise a triable issue of fact. The plaintiffs’
Lopez v Gramuglia, 2015 NY Slip Op 08068 (1st Dept. 2015) Familiar lesson here. An expert can generally opine about all areas of medicine. The other lesson
Gonzalez v Palen, 2015 NY Slip Op 51101(U)(App. Term 1st Dept. 2015) “The trial court erred in determining that defendants’ biomechanical engineer, Dr. Kevin Toosi, was not
How many times have you tried a case where the expert admits that a particular journal has broad support is a standard of care in the
Flanger v 2461 Elm Realty Corp., 2014 NY Slip Op 08532 (3d Dept. 2014) “Defendant also submitted the affidavit of an alleged expert engineer who opined that
Matter of Western Ramapo Sewer Extension Project, 2014 NY Slip Op 05889 (2d Dept. 2014) “The Supreme Court providently exercised its discretion in precluding two of the
Matter of Matter of State of New York v Dennis K., 2014 NY Slip Op 05884 (2d Dept. 2014 “The Supreme Court did not err in denying
Quality Health Prods., Inc. v Travelers Indem. Co., 2014 NY Slip Op 51231(U)(App. Term 2d Dept. 2014) “At the trial, the judicial hearing officer refused to allow
