Rhodes v. Dilena — Hospital Loses Summary Judgment Win After Raising New Expert Theory in Reply Without Plaintiff’s Chance to Respond
Second Department affirms grant of reargument in OB malpractice case: trial court properly vacated its prior grant of summary judgment after recognizing it had overlooked defendants’ introduction — for the first time in reply — of a new ‘in-house obstetrician’ theory that plaintiff had no chance to rebut.