BIELICKI v. T.J. BENTEY, INC.


267 A.D.2d 266 (1999)

700 N.Y.S.2d 717

STEPHEN BIELICKI et al., Appellants, v. T.J. BENTEY, INC., et al., Respondents. (And a Third-Party Action.)

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

Decided December 13, 1999.


Ordered that the judgment is affirmed insofar as appealed from, with one bill of costs.

Contrary to the plaintiffs' contention, the Trial Judge did not improvidently exercise his discretion in permitting the defendants' expert witness to testify. The plaintiffs presented no evidence suggesting that the defendants intentionally or willfully withheld notice that the expert would testify, and did not demonstrate any prejudice resulting from the expert witness's testimony...

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