KENNEY v. AMODEI


119 A.D.2d 1006 (1986)

Dona M. Kenney et al., Respondents, v. Gaspare Amodei, Appellant

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

April 4, 1986


Judgment unanimously reversed, on the law, without costs, and new trial granted.

Memorandum:

The trial court erred in receiving, over defendant's objection, testimony from one of plaintiff's treating physicians, based on his examination conducted the day before trial commenced, that plaintiff suffered a permanent neck injury. This testimony should have been precluded because plaintiff did not mention this specific injury in her bill of particulars (CPLR 3042...

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