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Rossi v. Matkovic

Appellate Division of the Supreme Court of New York, Second Department
May 28, 1996
227 A.D.2d 609 (N.Y. App. Div. 1996)

Opinion

May 28, 1996

Appeal from the Supreme Court, Suffolk County (Gerard, J.).


Ordered that the order is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The Supreme Court providently exercised its discretion in precluding, after the plaintiff's opening statement, the use of an expert due to the plaintiff's inability to show good cause for her failure to disclose in reasonable detail the subject matter on which the expert was expected to testify ( see, CPLR 3101 [d] [1] [i]). Since the plaintiff was unable to present expert opinion testimony to prove that the defendants' conduct constituted a deviation from the requisite standard of care, she was unable to make out a prima facie case and the respective motions to dismiss the complaint were properly granted ( see, Mankowski v. Two Park Co., 225 A.D.2d 673; Kalkan v. Nyack Hosp., 214 A.D.2d 538; Lasek v. Nachtigall, 189 A.D.2d 749). Balletta, J.P., Miller, Sullivan and Pizzuto, JJ., concur.


Summaries of

Rossi v. Matkovic

Appellate Division of the Supreme Court of New York, Second Department
May 28, 1996
227 A.D.2d 609 (N.Y. App. Div. 1996)
Case details for

Rossi v. Matkovic

Case Details

Full title:LARAINE ROSSI, Appellant, v. CHRISTOPHER MATKOVIC et al., Respondents…

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

Date published: May 28, 1996

Citations

227 A.D.2d 609 (N.Y. App. Div. 1996)
643 N.Y.S.2d 618

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