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1515 SUMMER ST. CORP. v. PARIKH

13 A.D.3d 305 (2004)

788 N.Y.S.2d 322

1515 SUMMER ST. CORP. et al., Appellants, v. RAJENDRA PARIKH et al., Respondents, et al., Defendants. RAJENDRA PARIKH et al., Counterclaim Plaintiffs-Respondents-Appellants, v. IRWIN STILLMAN et al., Counterclaim Defendants-Appellants-Respondents. RAB CONTRACTORS, INC., et al., Plaintiffs, and MICHAEL A. FINK, Doing Business as MAGICAL DESIGNS, Respondent-Appellant, v. IRWIN STILLMAN et al., Appellants-Respondents.

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

December 28, 2004.

The trial court properly precluded the Stillmans' experts from testifying about matters that were not included in their CPLR 3101 (d) (1) (i) disclosure statements (see Matter of Richard S., 208 A.D.2d 750 [1994], lv denied 86 N.Y.2d 704 [1995]). The trial court also properly permitted Parikh's expert to testify after finding, in accordance with the trial scheduling order, a reasonable excuse for his failure to identify the...

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