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MATEO v. 83 POST AVENUE ASSOCIATES

12 A.D.3d 205 (2004)

784 N.Y.S.2d 520

LUCRECIA MATEO, Respondent, v. 83 POST AVENUE ASSOCIATES et al., Appellants.

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

November 9, 2004.

It appears that the physician who had treated plaintiff and whom plaintiff originally identified as her expert advised plaintiff's attorney, on the very eve of trial, that he was going to be taking a longer vacation than expected and would not be available for the trial. Plaintiff's attorney immediately advised the trial court and opposing counsel of the witness's unavailability and of plaintiff's retention of another physician...

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