Bronx Radiology, P.C. v State Farm Mut. Auto Ins. Co.

[*1] Bronx Radiology, P.C. v State Farm Mut. Auto Ins. Co. 2007 NY Slip Op 50342(U) [14 Misc 3d 140(A)] Decided on March 5, 2007 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on March 5, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKEON, J.P., McCOOE, HEITLER, JJ
570702/06.

Bronx Radiology, P.C. a/a/o Tisha Kirkland, Plaintiff-Respondent,

against

State Farm Mutual Auto Insurance Co., Defendant-Appellant.

Defendant appeals from a judgment of the Civil Court of the City of New York, Bronx County (Raul Cruz, J.), entered July 21, 2005, after a nonjury trial, in favor of plaintiff in the principal amount of $1,791.93.

PER CURIAM:

Judgment (Raul Cruz, J.), entered on July 21, 2005, reversed, with $30 costs, and matter remanded for further proceedings.

It was an improvident exercise of discretion to preclude defendant's medical expert from testifying because of defendant's failure to strictly comply with CPLR 3101 (d). While defendant's expert disclosure omitted the expert's qualifications, it did set forth the particulars of his expert testimony. In view of plaintiff's delay in seeking preclusion and in the absence of any showing of prejudice, the expert should have been allowed to testify (see Clark v Weber, 264 AD2d 569 [1999]).
This constitutes the decision and order of the court.
I concurI concurI concur

Decision Date: March 5, 2007