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DIXON v. CITY OF YONKERS

16 A.D.3d 542 (2005)

792 N.Y.S.2d 514

GERALD B. DIXON et al., Respondents, v. CITY OF YONKERS et al., Appellants.

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

March 21, 2005.

Ordered that the order is affirmed, with costs.

When the plaintiff served a subpoena upon Charles Peter, a botanist, directing him to appear for a deposition, the defendants had not yet identified Dr. Peter as their expert witness pursuant to CPLR 3101 (d) (1) (i). Where, as here, the complaint alleges that the decedent's death was caused by a falling tree, which was removed from the accident scene within 48 hours, special circumstances exist to permit the plaintiff...

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