In Rabinowitz v. Elimian. 55 A.D.3d 813 (2d Dep't 2008), the court affirmed the lower court's denial of the defendant's preclusion motion, which allowed the plaintiff's expert to testify concerning the contention that the physician who performed a midline episiotomy improperly aligned the severed ends of the plaintiff's sphincter muscle. The disclosure statement recited only that the "expert will opine that the defendant utilized substandard technique with regard to the repair of a third degree extension of a midline episiotomy." Id. The court found that "'the expert witness [disclosure] statement was not so inadequate or inconsistent with the expert's testimony as to have been misleading, or to have resulted in prejudice or surprise.'" Id.