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TAN HOLDING CORP. v. BAHRA GROUP, INC.

38 A.D.3d 390 (2007)

830 N.Y.S.2d 901

TAN HOLDING CORP., Doing Business as TAN REALTY HOLDING, Appellant, v. BAHRA GROUP, INC., et al., Respondents.

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

Decided March 22, 2007.

After learning of his liability expert's health problems, plaintiff's attorney served notice of a new expert, Tony Canale, P.E., of Mueser Rutledge, which defendants rejected as untimely. Subsequently, plaintiff, after retaining new counsel, moved for permission to permit Canale to testify as an expert on its behalf. The motion should have been granted. Plaintiff's failure to timely comply with the notice requirements of CPLR 3101...

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