Opinion
June 29, 1998
Appeal from the Supreme Court, Dutchess County (Beisner, J.).
Ordered that, on the Court's own motion, the appellants' notices of appeal are treated as applications for leave to appeal, and leave to appeal is granted (see, CPLR 5701 [c]); and it is further,
Ordered that the order is affirmed insofar as appealed from; and it is further,
Ordered that the respondents are awarded one bill of costs payable by the appellants appearing separately and filing separate briefs.
Under the circumstances presented, including, inter alia, the death of Thomas A. Anderson, M.D., the Supreme Court did not abuse or improvidently exercise its discretion in denying the motions of the appellants to preclude the plaintiffs from offering expert witness testimony at trial ( see, CPLR 1015 [a]; 1021; Janvier v. Allen, 249 A.D.2d 448; Meehan v. Washington, 242 A.D.2d 286; Oberlander v. Levi, 207 A.D.2d 437; Homemakers Inc. v. Williams, 131 A.D.2d 636; Grillo v. Tese, 113 A.D.2d 871; Harding v. Noble Taxi Corp., 155 A.D.2d 265; Stafford v. Molinoff 228 A.D.2d 662).
The appellants' remaining contentions are without merit.
Miller, J. P., O'Brien, Pizzuto and Friedmann, JJ., concur.