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SCHWARTZ v. TAB OPERATING CO., INC.

239 A.D.2d 244 (1997)

657 N.Y.S.2d 412

Rachel Schwartz, Respondent, v. Tab Operating Co., Inc., et al., Appellants

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

May 15, 1997

The trial court's ruling not to preclude the testimony of plaintiff's expert for noncompliance with CPLR 3101 (d) (1) (i) was a proper exercise of discretion (see, Lesser v Lacher, 203 A.D.2d 181), where such testimony was limited to what was contained in the expert's records that defendants could have obtained well before trial, having been furnished with authorizations therefor. Thus, defendants could have been surprised...

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