LESSER v. LACHER


203 A.D.2d 181 (1994)

612 N.Y.S.2d 851

Jill C. Lesser, Individually and as a Partner of Lacher & Lesser, Respondent, v. Michael A. Lacher et al., Appellants, et al., Defendants. (And a Third-Party Action.)

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

April 26, 1994


Whether to preclude expert testimony as a sanction for a failure to identify a prospective expert witness or provide the substance of his or her testimony pursuant to CPLR 3101 (d) (1) (i) is a matter best left to the trial court's discretion (see, Vigilant Ins. Co. v Barnes, 199 A.D.2d 257), and, under the circumstances of this case, the determination not to preclude was proper (see, Simpson v Bellew,

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