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CHIU-CARANESE v. DEMEO

2 A.D.3d 766 (2003)

769 N.Y.S.2d 729

DOROTHY CHIU-CARANESE et al., Appellants, v. HARRY DEMEO, Respondent, et al., Defendant.

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

December 29, 2003.

Ordered that the order is affirmed, with costs.

The trial court acted within its discretion in permitting the medical expert of the defendant Dr. Harry DeMeo to testify that the injured plaintiff's appendix had already ruptured and that an abscess had formed before her visit to Dr. DeMeo on November 19, 1997. The record clearly establishes that the injured plaintiff had adequate notice of this theory (see CPLR 3101 [d] [1] [i]; Cutsogeorge v Hertz Corp....

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