We agree with the IAS Court that the failure of defendants Manhattan and Bronx Surface Transit Operating Authority and Vasquez to retain an expert medical witness until the eve of trial was the result of their failure to prepare for trial, and not a response to plaintiff's disclosure pursuant to CPLR 3101. Under these circumstances, where defendants did not establish "good cause" for failing to identify the expert and provide disclosure as mandated by CPLR 3101 (d) (1) (i...
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