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FLOUR CITY ARCHITECTURAL METALS, INC. v. SKY-LIFT CORP.

242 A.D.2d 471 (1997)

663 N.Y.S.2d 814

Flour City Architectural Metals, Inc., Respondent, v. Sky-Lift Corporation, Appellant, and Pre-Con, Respondent

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

September 18, 1997

Defendant's motion to preclude plaintiff from offering expert testimony for failure to timely comply with the written notice requirements of CPLR 3101 (d) (1) (i) was properly denied upon supportable findings that such failure was neither willful nor prejudicial (see, Lesser v Lacher, 203 A.D.2d 181; Peck v Tired Iron Transp., 209 A.D.2d 979). We have considered

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