LILLIS v. D'SOUZA


174 A.D.2d 976 (1991)

Karen Lillis et al., Appellants, v. Marcelino F. D'Souza et al., Respondents

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

June 7, 1991


Judgment unanimously affirmed without costs.

Memorandum:

We reject plaintiffs' contention that the trial court should have precluded defendants' expert from testifying at trial because defendants did not respond until the second day of trial to the demand for disclosure of the report of the expert. CPLR 3101 (d) (1) (i) does not require a party to retain an expert at any specific time nor does it mandate that a party be precluded from proffering expert testimony...

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