Imperato v Mount Sinai Med. Ctr., 18 NY3d 871 (2012)

2012 NY Slip Op 00107 [18 NY3d 871]
January 12, 2012
Court of Appeals

[*1]

Maryann Imperato et al., Respondents,
v
Mount Sinai Medical Center et al., Appellants.

Decided January 12, 2012

Imperato v Mount Sinai Med. Ctr., 82 AD3d 414, affirmed.

{**18 NY3d at 872} OPINION OF THE COURT

Memorandum. [*2]

The order of the Appellate Division should be affirmed, with costs. The certified question should be answered by stating that the preclusion order was properly vacated.

Under the circumstances of this case, the Appellate Division correctly determined that plaintiffs demonstrated the existence of a meritorious claim for purposes of avoiding preclusion. Specifically, the expert witness disclosure submitted by plaintiffs pursuant to CPLR 3101 (d) (1) (i) detailed the expert medical opinion evidence supporting the claim.

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur in memorandum.{**18 NY3d at 873}

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, etc.