CPLR § 3101 Scope of disclosure
(d) Trial preparation
Hernandez v Vavra, 2009 NY Slip Op 04161 (App. Div., 1st, 2009)
In light of the inconsistency between the information contained on the
face of defendants' CPLR 3101(d) notice pertaining to their expert
neuropsychologist, and the substance of the expert's proposed testimony
as clarified on voir dire, the trial court providently exercised its
discretion in permitting the neuropsychologist to testify as to the
results of his interview of plaintiff, while precluding him from
testifying as to the results of neuropsychological tests he performed
on plaintiff (see Inwood Sec. Alarm, Inc. v 606 Rest., Inc., 35 AD3d 194 [2006]).
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