LAKINS JOHNSON v. GREENBERG, M.D.


35 A.D.3d 380 (2006)

825 N.Y.S.2d 265

DIANA LAKINS JOHNSON, Appellant, v. STEPHEN T. GREENBERG, M.D., et al., Respondents.

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

Decided December 5, 2006.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motions to preclude the plaintiff from offering expert medical testimony at trial and to dismiss the complaint insofar as asserted against each of them are denied, and the cross motion to restore the action to the trial calendar is granted.

This Court has held that preclusion for failure to comply with CPLR 3101 (d) is improper "unless there is evidence of intentional or willful...

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