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MADDALONI JEWELERS, INC. v. ROLEX WATCH U.S.A., INC.

2881, 602457/02

73 A.D.3d 629 (2010)

900 N.Y.S.2d 858

MADDALONI JEWELERS, INC., Respondent, v. ROLEX WATCH U.S.A., INC., Appellant.

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

Decided May 25, 2010.

The motion court exercised its discretion in a provident manner in denying defendant's motion for preclusion. Although defendant may have incurred expenses in preparing a rebuttal to plaintiff's initial expert's report, there was no indication that plaintiff's substitution of its expert was willful or prejudicial to defendant (see Gallo v Linkow, 255 A.D.2d 113, 117 [1998]). The record demonstrates that the case had already...

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