SILBER v. PLAINVIEW ORTHO


176 Misc.2d 870 (1998)

674 N.Y.S.2d 587

Seymour Silber et al., Plaintiffs, v. Plainview Orthopedics et al., Defendants.

Supreme Court, Nassau County.

May 15, 1998.


Attorney(s) appearing for the Case

Wortman, Fumuso, Kelly, DeVerna & Snyder, L. L. P., Hauppauge, for defendants. Flomenhaft Law Firm, New York City, for plaintiffs.


JOHN S. LOCKMAN, J.

This motion by defendants for an order precluding plaintiffs from presenting testimony from an expert in anatomy is denied.

Defendants seek to preclude the testimony of plaintiffs' expert who is an M.D., holds a Ph D in anatomy and teaches in a medical school. Plaintiffs have refused to reveal his identity pursuant to CPLR 3101 (d) as a "medical expert". Defendants aver that because the expert is not currently licensed to practice...

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