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ASHTON v. D.O.C.S. CONTINUUM MEDICAL GROUP

1870, 102486/07

68 A.D.3d 613 (2009)

2009 NY Slip Op 9522

891 N.Y.S.2d 69

RANDALL ASHTON, Respondent, v. D.O.C.S. CONTINUUM MEDICAL GROUP et al., Appellants.

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

Decided December 22, 2009.

The court properly exercised its discretion in directing plaintiff to submit a supplemental expert affirmation stating the basis for the expert's opinion, where defendants were permitted to respond and were not otherwise prejudiced (see Orsini v Postel, 267 A.D.2d 18 [1999]).

The expert medical affirmation submitted by plaintiff, relying on plaintiff's medical records from early 2005 demonstrating the absence of any reference...

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