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RABASCO v. BUCKHEIT & WHELAN, P.C.

2019-14362, Index No. 53283/17.

206 A.D.3d 770 (2022)

167 N.Y.S.3d 841

2022 NY Slip Op 03754

Joseph Rabasco, Appellant, v. Buckheit & Whelan, P.C., et al., Respondents.

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

Decided June 8, 2022.

Attorney(s) appearing for the Case

Cascione, Purcigliotti & Galluzzi, P.C., Eastchester, NY (Thomas G. Cascione, of Counsel) for appellant.

Housman & Associates, P.C., Tarrytown, NY (Mark E. Housman, of Counsel) for respondents.

Barros, J.P., Chambers, Miller and Dowling, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff retained the defendants to commence a medical malpractice action against the plaintiff's medical providers who performed a surgery in December 2011 to repair the plaintiff's fractured jaw (hereinafter the underlying action). The defendants retained the services of two experts and served expert disclosures on the medical providers pursuant to CPLR 3101(d). On the day the trial was...

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