GAYZ v. KIRBY


41 A.D.3d 782 (2007)

839 N.Y.S.2d 196

PATRICIA GAYZ, Appellant, v. EDWARD J. KIRBY et al., Respondents.

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

Decided June 26, 2007.


Ordered that the order is reversed insofar as appealed from, on the law and in the exercise of discretion, with costs, and that branch of the defendants' motion which was to preclude the plaintiff from offering expert testimony at trial is denied.

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'" (Johnson v Greenberg, 35 A.D.3d...

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