DIAZ v. ELRAC, INC.


40 A.D.3d 515 (2007)

837 N.Y.S.2d 75

DAVID DIAZ, Respondent, v. ELRAC, INC., et al., Defendants, and MARCO C. DONOFRIO, Appellant.

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

Decided May 29, 2007.


Plaintiff did not serve the report of his vocational rehabilitation expert, who personally examined plaintiff and criticized defendant's expert for not having done so, until after the note of issue had been filed. Furthermore, the court reopened discovery and postponed the trial date when plaintiff served a supplemental bill of particulars on the day the trial was to have started. Thus, an examination by defendant's vocational rehabilitation expert, which was otherwise warranted...

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