DAVIS v. NY CITY TR. AUTH.


196 Misc.2d 122 (2003)

761 N.Y.S.2d 763

DESHAWN DAVIS, an Infant, by His Mother and Natural Guardian, DIANA DAVIS, et al., Respondents, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

Supreme Court, Appellate Term, Second Department.

April 24, 2003.


Attorney(s) appearing for the Case

Wallace D. Gossett, Brooklyn (Anita Isola of counsel), for appellant.

Sanocki, Newman & Turret, LLP, New York City (Ira M. Newman and David B. Turret of counsel), for respondents.

ARONIN, J.P., and GOLIA, J., concur; PATTERSON, J., concurs in a separate memorandum.


OPINION OF THE COURT

MEMORANDUM.

Judgment reversed without costs and matter remanded for a new trial limited to the issue of damages.

In this personal injury action, the lower court precluded Dr. Rothman, defendant's expert medical witness, from testifying as to his interpretation of plaintiff's MRI films which were admitted into evidence. The basis of the court's decision for precluding Dr. Rothman's testimony was that defendant failed to disclose...

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