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MARCHIONE v. GREENKY, M.D.

5 A.D.3d 1044 (2004)

773 N.Y.S.2d 657

JOAN N. MARCHIONE, Individually and as Executrix of ANTHONY J. MARCHIONE, Deceased, Respondent, v. BRETT B. GREENKY, M.D., et al., Appellants.

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

March 19, 2004.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

We reject the contention of defendants that Supreme Court erred in denying their motion to preclude plaintiff from offering expert witness testimony at the trial of this medical malpractice action. "[P]reclusion for failure to comply with CPLR 3101 (d) is improper `unless there is evidence of intentional or willful failure to disclose...

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