Ordered that the order is affirmed, with costs.
After jury selection and prior to trial, the plaintiff sought to preclude the testimony of a lifeguard on the ground that the defendant failed to comply with pretrial discovery orders to disclose her identity. However, since there is no evidence in the record of willful or contumacious conduct on the part of the defendant's attorney in failing to disclose the identity of the lifeguard, the court did not err in allowing...
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