HERRERA v. PERSAUD


276 A.D.2d 304 (2000)

714 N.Y.S.2d 26

JEFFREY HERRERA, an Infant, by His Mother and Natural Guardian, ANA BATISTA, et al., Respondents, v. KAMINI PERSAUD et al., Appellants.

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

Decided October 10, 2000.


Plaintiffs commenced this action to recover for injuries allegedly attributable to the infant plaintiff's ingestion of lead paint on defendants' premises. Despite a specific demand in defendants' bill of particulars, a CPLR 3101 (d) (1) request, and a preliminary conference order mandating the exchange of all witnesses' names, plaintiffs failed to disclose the existence of one of their expert witnesses until after they filed their note of issue, and then only in their opposition...

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