August 26, 2020

CPLR 3101(d)(1).

A treating physician is permitted to testify at trial regarding causation notwithstanding the failure to provide notice, and even if the physician had expressed no opinion regarding causation in a previously exchanged medical report.

Duman v. Scharf, NY Slip Op 04537 (2d Dep't August 19, 2020)

Here is the decision.