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BUNTING v. SELESNICK

300 A.D.2d 26 (2002)

751 N.Y.S.2d 180

THOMAS BUNTING, Appellant, v. SAMUEL H. SELESNICK, M.D., Respondent, et al., Defendants.

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

Decided December 5, 2002.

At issue in this medical malpractice action is whether it was error for the trial court to refuse to allow plaintiff's medical expert to testify on the ground that no CPLR 3101 (d) notice had been served regarding the physician, and if so, whether such error was harmless. We find that the trial court erred in precluding plaintiff's medical expert from testifying as to causation and that such error was not harmless. The issues of defendant's alleged departure from accepted...

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