Ordered that the judgment is reversed, on the law, the motion is granted, and the matter is remitted to the Supreme Court, Putnam County, for a new trial, with costs to abide the event.
The Supreme Court erred in permitting the defendant's examining physician to testify that based on his review of a bone scan immediately prior to trial, the plaintiff had not suffered a fracture. The defendant had earlier served that physician's medical report in compliance with 22...
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