SHEHATA v. SUSHIDEN AMERICAN, INC

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.