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WARREN v. NEW YORK PRESBYTERIAN HOSPITAL

Nos. 5818, 104197/06.

88 A.D.3d 591 (2011)

931 N.Y.S.2d 297

2011 NY Slip Op 7493

CYNTHIA WARREN, Appellant, v. NEW YORK PRESBYTERIAN HOSPITAL, Respondent.

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

Decided October 25, 2011.

The trial court properly exercised its discretion in denying plaintiff's request for a continuance, after the close of evidence, to call an expert surgical witness. While notice of such expert witness had been given two years in advance, and the witness was present in court at the time the continuance was sought, plaintiff's counsel failed to alert the court of such fact, and the court, upon inquiry, learned that the witness was...

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