251, 252 [2d Dept 2004].) Here, the only applicable exchange requirement is found in
§202.17 (g), providing, "If any party desires at the trial to offer the testimony of additional
or examining medical providers other than those whose medical reports have been previously
exchanged, the medical reports of such medical
providers, complying with the requirements of paragraph (b)(1) of this section, shall
be served upon all parties at least 30 days before trial" (see 22 NYCRR §202.17
[g].)
In opposition, Plaintiff notes that, in opposition to Defendants' motion for a Frye
hearing, Plaintiff provided Defendants with a copy of Dr. Grant's December 10, 2010 report
and an affirmation of Dr. Grant in which, among other things, she describes her treatment of
Plaintiff (see Affirmation of Irene Grant M.D. [undated], ¶¶ 50-71.)
Moreover, Plaintiff contends that on June 30, 2011 Defendants were given an authorization for
Dr. Grant's treatment records for Plaintiff; that on October 24, 2011 Plaintiff gave Defendants a
CD containing "bates-stamped" copies of all of Plaintiff's medical records; and that on October
25, 2011 Plaintiff sent "bates-stamped" copies of Dr. Grant's records to Defendants.
In reply, Defendants submit an affirmation by Arthur Xanthos, Defendants' lead attorney, in
which he disputes having been given an authorization for Dr. Grant's treatment records on June
30, 2011, but Mr. Xanthos ignores a copy of his July 13, 2011 list of 33 requested authorizations,
which does not include Dr. Grant. Moreover, neither Mr. Xanthos's affirmation, nor the affidavit
of legal secretary Iris Frank, nor the reply affirmation of Elizabeth L. Knapp, disputes having
received the "bates-stamped" copies of Dr. Grant's treatment records that, Plaintiff's counsel