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Hudson v. Manhattan Bronx Surface Transit

Appellate Division of the Supreme Court of New York, First Department
Dec 10, 1992
188 A.D.2d 355 (N.Y. App. Div. 1992)

Opinion

December 10, 1992

Appeal from the Supreme Court, New York County, Ira Gammerman, J.


We agree with the IAS Court that the failure of defendants Manhattan and Bronx Surface Transit Operating Authority and Vasquez to retain an expert medical witness until the eve of trial was the result of their failure to prepare for trial, and not a response to plaintiff's disclosure pursuant to CPLR 3101. Under these circumstances, where defendants did not establish "good cause" for failing to identify the expert and provide disclosure as mandated by CPLR 3101 (d) (1) (i), it cannot be said that the trial court's decision to preclude defendants' expert testimony was an abuse of discretion.

Under the facts of this case, defendants could not establish that a charge on successive tortfeasors was required in the absence of expert testimony.

We have reviewed the remaining contentions and find them to be without merit. We remand on the limited ground that the court erred in awarding prejudgment interest, as plaintiff concedes.

Concur — Murphy, P.J., Carro, Rosenberger and Ellerin, JJ.


Summaries of

Hudson v. Manhattan Bronx Surface Transit

Appellate Division of the Supreme Court of New York, First Department
Dec 10, 1992
188 A.D.2d 355 (N.Y. App. Div. 1992)
Case details for

Hudson v. Manhattan Bronx Surface Transit

Case Details

Full title:KATHLEEN R. HUDSON, as Executrix of WILLIAM J. HUDSON, Deceased…

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

Date published: Dec 10, 1992

Citations

188 A.D.2d 355 (N.Y. App. Div. 1992)
591 N.Y.S.2d 31