DiBIASE v. NEW YORK STATE THRUWAY AUTH.


166 A.D.2d 916 (1990)

Michael DiBiase, as Administrator of The Estates of John DiBiase and Another, Deceased, Respondent, v. New York State Thruway Authority et al., Appellants. (Appeal No. 1.) (Claim No. 73559.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 5, 1990


Order unanimously affirmed with costs.

Memorandum:

The court properly determined that claimant adequately responded to defendants' request for information concerning the proposed testimony of claimant's expert witnesses (see, CPLR 3101 [d] [1] [i]). Further, the court did not abuse its discretion in ordering that defendants' experts submit to an examination before trial in light of defendants' repeated failure to provide claimant with an adequate response...

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