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S&W HOME IMPROVEMENT CO. v. LA CASITA II H.D.F.C.

1173, 1173A, 1173B, 23098/99.

66 A.D.3d 505 (2009)

887 N.Y.S.2d 52

2009 NY Slip Op 7332

S&W HOME IMPROVEMENT CO., Respondent-Appellant, v. LA CASITA II H.D.F.C. et al., Appellants-Respondents.

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

Decided October 15, 2009.

Although the expert named in the plaintiff's CPLR 3101 (d) notice to testify as to the "measurements and quality of work completed" was not the expert who testified at trial, the latter was properly permitted to testify where the notice advised that another representative of the named expert's construction company might be called, and defendants were on notice of the subject matter and substance of the expert's testimony well in...

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