Ordered that the judgment is affirmed, with costs.
The plaintiffs allege that the defendant landlord negligently maintained the furnace in their apartment which emitted an excessive amount of carbon monoxide, exacerbating the injured plaintiff's asthma condition. The plaintiffs contend that the landlord violated CPLR 3101 (d) and 22 NYCRR 202.17 by having his medical witness testify in contradiction to the medical report supplied to the plaintiffs.
Absent...
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