YOUNG v. LONG ISLAND UNIVERSITY


297 A.D.2d 320 (2002)

746 N.Y.S.2d 390

JAMES YOUNG, Appellant, v. LONG ISLAND UNIVERSITY et al., Respondents.

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

Decided August 12, 2002.


Ordered that the order is reversed, with costs, the motion is granted, the order dated February 4, 2002, is vacated, and the defendants are directed to accept the plaintiff's expert witness response pursuant to CPLR 3101 (d).

This Court has held that preclusion for failure to comply with CPLR 3101 (d) is improper "unless there is evidence of intentional or willful failure to disclose and a showing of prejudice by the opposing party" (Shopsin v Siben & Siben...

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