KUPERMAN v. WALLER


307 A.D.2d 810 (2003)

762 N.Y.S.2d 804

TIKVA KUPERMAN, Appellant, v. JOHN F. WALLER, M.D., Respondent.

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

Decided August 7, 2003.


A first trial in this matter resulted in a mistrial because of plaintiff's failure to exchange her medical expert's report and her attorney's flagrant and persistent disregard of the resulting court directive not to question the expert about his physical examination of plaintiff. At the second trial, the trial court, in order to prevent plaintiff from profiting from this misconduct, properly precluded the expert from testifying about his physical examination of plaintiff...

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