MACMILLAN v. KAVANAUGH


267 A.D.2d 1014 (1999)

701 N.Y.S.2d 198

MATT W. MACMILLAN, as Parent and Natural Guardian of BRITTANY N. MACMILLAN, an Infant, Appellant, v. JAMES KAVANAUGH et al., Respondents. (Appeal No. 1.)

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

Decided December 30, 1999.


Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted the pretrial motion of defendants James Kavanaugh and Mary Kavanaugh seeking preclusion of testimony by plaintiff's expert concerning the possible future impairment of the ability of plaintiff's daughter to bear children due to a deformity in her pelvic ring. It was undisputed that future medical monitoring is necessary to determine the clinical significance of that deformity...

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