Farrell v. Gelwan
Opinion of the Court
In an action, inter alia, to recover damages for medical malpractice, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Taylor, J.), entered February 8, 2005, which, upon a jury verdict, is in favor of the defendant and against her dismissing the complaint.
Ordered that the judgment is affirmed, with costs.
The Supreme Court providently exercised its discretion in admitting the testimony of the defendant’s expert that the plaintiff’s loss of vision was caused by macular degeneration rather than by the defendant’s surgeries and treatment (see McGlauflin v Wadhwa, 265 AD2d 534 [1999]; Putchlawski v Diaz, 192 AD2d 444, 445 [1993]). The expert’s testimony did not transcend the scope of information set forth in the applicable expert disclosure form or the previously exchanged medical reports, received well before trial (see CELR 3101 [d] [1] [i]; 22 NYCRR 202.17 [h]; Cutsogeorge v Hertz Corp., 264 AD2d 752 [1999]; Serpe v Eyris Prods., 243 AD2d 375, 380 [1997]; Freeman v Kirkland, 184 AD2d 331 [1992]; cf. Gregory v Mulligan, 266 AD2d 344 [1999]).
Both the grant of a continuance and the presentation of rebuttal proof rest within the sound discretion of the trial court, and the court’s decision in that regard should not be disturbed on appeal unless the court improvidently exercised its discretion
Case-law data current through December 31, 2025. Source: CourtListener bulk data.