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JOSEPH v. ROGER MORRIS APARTMENTS CORP.

236 A.D.2d 297 (1997)

654 N.Y.S.2d 301

Deliverance Joseph, Respondent, v. Roger Morris Apartments Corp., Appellant

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

February 20, 1997

We agree with defendant that the trial court improperly precluded the testimony of defendant's expert radiologist on the basis of 22 NYCRR 202.17, but nevertheless affirm because preclusion would have been proper on the alternative basis of CPLR 3101 (d) (1) (i) (see, Lyall v City of New York, 228 A.D.2d 566, 567-568, lv denied 88 N.Y.2d 816; Vigilant Ins. Co. v Barnes, 199 A.D.2d 257

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