DECISION ORDER
In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Putnam County (Hickman, J.), entered September 22, 1998, which, upon a jury verdict in favor of the defendant and against him and upon the denial of his motion for a new trial, dismissed the complaint.
ORDERED that the judgment is reversed, on the law, the motion is granted, and the matter is remitted to the Supreme Court, Putnam County, for a new trial, with costs to abide the event.
The Supreme Court erred in permitting the defendant's examining physician to testify that based on his review of a bone scan immediately prior to trial, the plaintiff had not suffered a fracture. The defendant had earlier served that physician's medical report in compliance with 22 NYCRR 202.17(h) and CPLR 3101(d), and the report stated "[f]rom the records it is apparent that [plaintiff] had a fracture". Thus, his contradictory testimony at trial surprised and prejudiced the plaintiff, as the existence of a fracture had not previously been disputed (see, Kirschhoffer v. Van Dyke, 173 A.D.2d 7; Knight v. Long Is. Coll. Hosp., 106 A.D.2d 371). Since the defendant failed to make the requisite showing of good cause for the admission of this contradictory testimony, a new trial is warranted under the circumstances ( see, 22 NYCRR 202.17[h]; CPLR 3101[d]; Baden v. Peterson Trust, 190 A.D.2d 705, 706).
BRACKEN, J.P., S. MILLER, KRAUSMAN, and H. MILLER, JJ., concur.