BODENSIEK v. SCHWARTZ


292 A.D.2d 411 (2002)

739 N.Y.S.2d 405

MICHELE BODENSIEK, Appellant, v. ROBERT S. SCHWARTZ et al., Respondents.

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

Decided March 11, 2002.


Ordered that the judgment is reversed, on the law, the motion is denied, and the matter is remitted to the Supreme Court, Suffolk County, for a new trial, with costs to abide the event.

The Supreme Court erred in precluding the testimony of the plaintiff's expert, a medical oncologist, in this action against, among others, the defendant Robert S. Schwartz, a gynecological surgeon. The law is settled that a physician need not be a specialist in a particular field in...

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