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FRENK v. FREDERICK

38 A.D.3d 593 (2007)

830 N.Y.S.2d 672

GRIGORY FRENK et al., Respondents, v. ATIBA FREDERICK et al., Appellants.

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

Decided March 13, 2007.

Ordered that the judgment is affirmed, with costs.

Parties have a continuing obligation to provide information as it becomes available to them (see CPLR 3101 [h]), and where the defendants attempt to introduce at trial the testimony of witnesses whose addresses were not disclosed to the plaintiffs, the plaintiffs may seek preclusion of that evidence at that time (see Brown v United Christian Evangelistic Assn., 270 A.D.2d 378

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