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REINOSO v. NEW YORK CITY TR. AUTH.

Index No. 155622/13. Appeal No. 15662. Case No. 2021-01404.

204 A.D.3d 426 (2022)

163 N.Y.S.3d 808

2022 NY Slip Op 02242

Lusia Reinoso, Respondent, v. New York City Transit Authority et al., Appellants.

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

Decided April 5, 2022.

Attorney(s) appearing for the Case

Anna J. Ervolina , Brooklyn ( Timothy J. O'Shaughnessy of counsel), for appellants.

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Brian J. Isaac , of counsel) for respondent.

Concur—Webber, J.P., Singh, González, Kennedy, Higgitt, JJ.

The trial court providently exercised its discretion in permitting plaintiff to call her treating radiologist as a rebuttal witness (see Rowell v Callahan, 233 A.D.2d 383, 383 [2d Dept 1996]; Baumis v General Motors Corp., 106 A.D.2d 789, 790 [3d Dept 1984], affd 66 N.Y.2d 777 [1985]; Hutchinson v...

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