Bunting v. Selesnick

Appellate Division of the Supreme Court of New York

Bunting v. Selesnick

300 A.D.2d 26, 751 N.Y.S.2d 180, 2002 N.Y. App. Div. LEXIS 11737

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 5, 2002

StatusPublished

Cited by2 cases

This text of 300 A.D.2d 26 (Bunting v. Selesnick) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bunting v. Selesnick, 300 A.D.2d 26, 751 N.Y.S.2d 180, 2002 N.Y. App. Div. LEXIS 11737 (N.Y. Ct. App. 2002).

Pincite

Opinion

—Judgment, Supreme Court, New York County (Robert Lippmann, J., and a jury), entered June 23, 2000, in favor of the defend[27]*27ant and against the plaintiff in a medical malpractice action, unanimously reversed, on the law, without costs, the judgment vacated, the complaint reinstated and the matter remanded for a new trial.

At issue in this medical malpractice action is whether it was error for the trial court to refuse to allow plaintiff’s medical expert to testify on the ground that no CPLR 3101 (d) notice had been served regarding the physician, and if so, whether such error was harmless. We find that the trial court erred in precluding plaintiff’s medical expert from testifying as to causation and that such error was not harmless. The issues of defendant’s alleged departure from accepted standards of surgical care and causation are so intertwined that expert testimony on both issues is required to be placed before the jury in the first instance so that they may make informed decisions when rendering their verdict. Concur — Williams, P.J., Nardelli, Rosenberger, Ellerin and Lerner, JJ.

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—Judgment, Supreme Court, New York County (Robert Lippmann, J., and a jury), entered June 23, 2000, in favor of the defend[27]*27ant and against the plaintiff in a medical malpractice action, unanimously reversed, on the law, without costs, the judgment vacated, the complaint reinstated and the matter remanded for a new trial.

At issue in this medical malpractice action is whether it was error for the trial court to refuse to allow plaintiff’s medical expert to testify on the ground that no CPLR 3101 (d) notice had been served regarding the physician, and if so, whether such error was harmless. We find that the trial court erred in precluding plaintiff’s medical expert from testifying as to causation and that such error was not harmless. The issues of defendant’s alleged departure from accepted standards of surgical care and causation are so intertwined that expert testimony on both issues is required to be placed before the jury in the first instance so that they may make informed decisions when rendering their verdict. Concur — Williams, P.J., Nardelli, Rosenberger, Ellerin and Lerner, JJ.

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Bluebook (online)

300 A.D.2d 26, 751 N.Y.S.2d 180, 2002 N.Y. App. Div. LEXIS 11737, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bunting-v-selesnick-nyappdiv-2002.

Opinion

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