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COMUNALE v. SEALAND CONTRS.

2 Misc.3d 672 (2004)

771 N.Y.S.2d 631

JESSICA COMUNALE, as Guardian of the Person and Property of JAMES J. COMUNALE, an Alleged Incapacitated Person, Plaintiff, v. SEALAND CONTRACTORS CORP., Defendant.

Supreme Court, Monroe County.

February 2, 2004.

Attorney(s) appearing for the Case

Martin & Iati, LLP, Rochester (Janice M. Iati of counsel), for plaintiff.

Ernstrom & Dreste, LLP, Rochester (Kimberly A. Steele of counsel), for defendant.

OPINION OF THE COURT

ROBERT J. LUNN, J.

This action was brought to recover for injuries sustained by plaintiff on September 26, 2002 as a result of a motorcycle accident. On September 16, 2003 and September 19, 2003, plaintiff was examined by Dr. John Turner Langfitt. Dr. Langfitt was retained as a consultant by defendant. At no time has defendant indicated that Dr. Langfitt will testify at trial as its medical...

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