HOWARTH v. O'DALY


221 A.D.2d 318 (1995)

633 N.Y.S.2d 385

Suzanne Howarth, Appellant, v. Patrick W. O'Daly, Respondent, et al., Defendants

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

November 6, 1995


Ordered that the order and judgment is affirmed, with costs.

CPLR 3101 (d) makes plain that a party in a medical malpractice action "may omit" the name or identity of his expert witness in responding to a CPLR 3101 request but that, upon a proper demand, he or she must nevertheless disclose all other information specified under the statute: the subject matter of the testimony, the substance of the facts and opinions underlying the testimony, the expert's qualifications...

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