The Appellate Division has ordered a new trial in a medical malpractice suit where defense counsel failed to disclose that the defendant physician’s trial testimony was significantly different from his interrogatory answers and deposition testimony.

In a published 2-1 ruling, the appeals court ordered a new trial in T.L. v. Goldberg, finding that the defense lawyer failed to discharge his duty of candor to the court and counsel, depriving plaintiffs of a fair trial.