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SORIANO v. INOA

2728, 28970/02

73 A.D.3d 459 (2010)

899 N.Y.S.2d 614

HARRY SORIANO, Appellant, v. ROSA INOA et al., Defendants, and CITY OF NEW YORK, Respondent.

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

Decided May 6, 2010.

It is unclear from the trial record whether Dr. Gutstein was an expert witness as to whom CPLR 3101(d) notice was required, or plaintiff's treating physician, as to whom no notice was required (see e.g. Breen v Laric Entertainment Corp., 2 A.D.3d 298, 299-300 [2003]). Moreover, it is clear that the prejudice to defendants arose from the lack of proper authorizations for medical records and not from the report annexed to plaintiff...

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