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GELLERSTEIN v. MULVEY'S MARINE SPORT SHOP

283 A.D.2d 397 (2001)

723 N.Y.S.2d 891

IRVING GELLERSTEIN et al., Appellants, v. MULVEY'S MARINE SPORT SHOP et al., Respondents.

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

Decided May 7, 2001.

Ordered that the judgment is affirmed, with costs.

The trial court properly allowed the defense witness to testify. Despite the defendants' failure to provide his address, there is no indication that they willfully failed to comply with the ordered disclosure, and the plaintiffs were aware of the identity of the witness well before trial (see, Malcolm v Darling, 233 A.D.2d 425, 426; DeJesus v Finnegan,

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