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Gibson v. St. Luke's Roosevelt Hospital Center (N.Y.App.Div. 12/21/1999)
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Supreme Court12/21/1999 or pretrial testimony, nor are they in the nature of pleadings, to be used for any purpose against a party." The admission of the disclosure statement substantially prejudiced the hospital's right to have the jury consider its argument, based primarily on the testimony of plaintiff's own orthopedic expert, concerning the timing of the patient's injury. The summation remarks of plaintiff's counsel only served to exacerbate the prejudice. Finally, we note that the hospital's objection to the admission of the disclosure statement itself was sufficient to preserve its objection to the summation remarks.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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