A motion to preclude denied.

The Second Department affirmed the trial court's denial of plaintiff's motion to preclude one of defendants' medical experts from testifying on the ground that his testimony varied from the expert witness statement served before trial, pursuant to CPLR 3101[d][1][i], in Popkave v. Ramapo Radiology, which was decided on October 23, 2007.

On review of the trial record, the court found that the expert's testimony was fully consistent with his pretrial disclosure statement. The court said that any additional testimony the witness gave regarding the plaintiff's social history and the causes of breast cancer either was of collateral significance or constituted general background information, which did not render the pretrial disclosure statement inadequate or misleading, and did not result in prejudice or surprise to plaintiff.