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COLOME v. GRAND CONCOURSE 2075 LLC

302 A.D.2d 251 (2003)

754 N.Y.S.2d 536

CHRISTOPHER COLOME et al., Respondents, v. GRAND CONCOURSE 2075 LLC et al., Appellants, et al., Defendants.

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

Decided February 18, 2003.

The motion court properly exercised its discretion in declining to preclude plaintiffs from offering testimony of a liability expert, despite a delay in providing expert disclosure. The record amply demonstrates that plaintiffs' failure to timely comply with the notice requirements of CPLR 3101 (d) (1) was not willful and was not prejudicial (see Flour City Architectural Metals v Sky-Lift Corp., 242 A.D...

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