Practice point: A motion to preclude testimony of plaintiff's treating physician will be denied, notwithstanding any failure or deficiency in providing disclosure pursuant to CPLR 3101(d)(1)(i), since that provision does not apply to treating physicians.
Practitioners should note that the testimony will be allowed even if the treating physician had not expressed an opinion regarding causation in a previously-exchanged medical report.
Case: Logan v. Roman, NY Slip Op 00509 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Corporations.
