TATE-MITROS v. MTA NEW YORK CITY TRANSIT

1734, 112752/08.

144 A.D.3d 454 (2016)

2016 NY Slip Op 07394

41 N.Y.S.3d 214

WILLIAM TATE-MITROS, Appellant, v. MTA NEW YORK CITY TRANSIT, Also Known as NEW YORK CITY TRANSIT AUTHORITY, et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 10, 2016.


The jury found that the rear tire of an MTA articulated bus had not run over plaintiff's right foot, causing a crush injury, after he was caused to fall on the sidewalk by the bus. On appeal plaintiff argues that defendants' medical expert disclosure notice under CPLR 3101 (d) (1) was insufficiently detailed and did not allow him to prepare a complete case, and that the court incorrectly precluded the testimony of his medical expert on rebuttal, and unnecessarily limited...

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