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RYAN v. CITY OF NEW YORK

269 A.D.2d 170 (2000)

703 N.Y.S.2d 90

SEAN RYAN et al., Appellants, v. CITY OF NEW YORK, Respondent and Third-Party Plaintiff. SIMPSON METAL, INC., et al., Third-Party Defendants-Respondents.

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

Decided February 8, 2000.

Although plaintiff had complied with 22 NYCRR 202.17 by providing authorizations as well as all the records and reports of the two physicians, plaintiff did not serve a CPLR 3101 (d) response as to either doctor. Defendants, although conceding that the doctors could testify regarding their examinations and treatment of plaintiff, took the position that they were precluded from offering their expert opinions on the issue of proximate cause. The IAS Court agreed. Moreover,...

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