Marvin Gibbs, Respondent v. St. Barnabas Hospital, Respondent, and Fausto Vinces, M.D., Appellant, Defendants

Summary

The New York Court of Appeals reversed the Appellate Division, holding that the plaintiff’s failure to serve a supplemental bill of particulars without a reasonable excuse and without an expert affidavit of merit required enforcement of the conditional preclusion order and summary judgment in favor of Dr. Vinces; the dissent argued the majority improperly imposed preclusion despite finding the plaintiff’s conduct not willful.