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Shehata v. Sushiden American, Inc.

Appellate Division of the Supreme Court of New York, First Department
Feb 23, 1993
190 A.D.2d 620 (N.Y. App. Div. 1993)

Opinion

February 23, 1993

Appeal from the Supreme Court, New York County (Myriam J. Altman, J.).


A comparison of the medical reports and bills of particulars with the reports served less than thirty days before the scheduled trial date, which third-party defendant asserts violated the medical exchange provisions of the Uniform Rules for Trial Courts ( 22 NYCRR 202.17 [g], [h]), indicates that, save for one injury for which plaintiff makes no claim, notice of all of the alleged new injuries previously appeared in timely-served medical reports. In any event, reported observations such as that plaintiff was unable to climb stairs or write for any length of time do not constitute a prognosis, nor set forth new "injuries or conditions", but rather detail the functional consequences of previously reported injuries or conditions.

Concur — Milonas, J.P., Ellerin, Kassal and Rubin, JJ.


Summaries of

Shehata v. Sushiden American, Inc.

Appellate Division of the Supreme Court of New York, First Department
Feb 23, 1993
190 A.D.2d 620 (N.Y. App. Div. 1993)
Case details for

Shehata v. Sushiden American, Inc.

Case Details

Full title:AHMED SHEHATA, Respondent, v. SUSHIDEN AMERICAN, INC., et al., Defendants…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 23, 1993

Citations

190 A.D.2d 620 (N.Y. App. Div. 1993)
594 N.Y.S.2d 7

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