FORTE v. WEINER


200 A.D.2d 421 (1994)

606 N.Y.S.2d 220

Mario J. Forte, Individually and as Administrator of The Estate of Francesca Forte, Deceased, Respondent, v. Irwin Weiner et al., Appellants

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

January 11, 1994


The IAS Court did not abuse its discretion in considering a supplemental affidavit submitted after the return date of the motion, any prejudice having been averted by the re-calendaring of the motion.

While defendants have demonstrated that plaintiff's expert does not have the reputation of defendants' eminently qualified expert pathologists, nevertheless, it is settled that a physician need not be a specialist in a particular...

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