Appellate Division of the Supreme Court of the State of New York December 27, 2000 (Hunter v. Tryzbinski)

Judgment unanimously reversed on the law with costs and new trial granted. Memorandum: On appeal from a judgment awarding plaintiff $85,000 following a stipulation of liability and a trial on damages only, defendant contends that Supreme Court erred in precluding him from calling as a witness plaintiff’s treating physician, Dr. Bernstein. Dr.