Plaintiff brought an action on behalf of her infant daughter, alleging medical malpractice by defendant’s staff. The state Supreme Court in Albany granted defendant’s motion to preclude expert testimony and granted defendant’s motion for summary judgment dismissing the complaint, finding that conduct by plaintiff’s trial counsel during expert witness disclosure was willful and contumacious.
That court precluded plaintiff from supporting her medical malpractice claim with expert testimony or with any other evidence that would have been responsive to the defective bill of particulars.
