BYCZEK v. CITY OF NEW YORK DEP'T OF PARKS


81 A.D.2d 823 (1981)

Barbara Byczek, Appellant, v. City of New York Department of Parks et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 4, 1981


Judgment reversed, on the law, with costs payable by respondent, City of New York, and new trial granted, on the issue of damages only.

The Trial Judge committed reversible error by refusing to permit the plaintiff to call as an expert medical witness, a Dr. Robert Sherman. The basis of his ruling was that rule 672.8 of the rules of this court (22 NYCRR 672.8) precluded Dr. Sherman's testimony since the defendants were not served with his medical reports within 30...

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