Ordered that the order is affirmed, with costs.
The Supreme Court properly denied the plaintiff's motion pursuant to CPLR 4404 (a) to set aside the jury verdict in favor of the defendant on the issue of damages. Contrary to the plaintiff's contention, despite the defendant's failure to strictly comply with CPLR 3101 (d) (1) (i), under the circumstances of this case, the trial court providently exercised its discretion in allowing the defendant's examining physician...
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