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HUNT v. RYZMAN

Appellate Division of the Supreme Court of New York, Second Department.
Mar 5, 2002
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ORDERED that the judgment is affirmed, with costs.

Contrary to the defendant's contention, the trial court properly permitted the plaintiff's treating physicians to testify at trial, notwithstanding the plaintiff's failure to provide him with information regarding those physicians pursuant to CPLR 3101(d)(1)(i). It is well settled that the disclosure requirements of CPLR 3101(d)(1)(i) do not apply to treating physicians (see, Mantuano v. Mehale, 258 A.D.2d 566; Overeem v. Neuhoff, 254 A.D.2d 398).

The trial court properly refused to charge the jury with respect to Vehicle and Traffic Law ยง 1180(a), as there was no evidence that the plaintiff was traveling at an unreasonable or imprudent speed at the time of the accident (see, Putnam v. Lamoreaux, 59 A.D.2d 974).

The defendant's remaining contention is without merit.

PRUDENTI, P.J., SANTUCCI, FLORIO and FRIEDMANN, JJ., concur.