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BANISTER v. MARQUIS

2009-07278, 2009-10504, 2009-10519.

87 A.D.3d 1046 (2011)

929 N.Y.S.2d 748

2011 NY Slip Op 6544

DEONTAE BANISTER et al., Appellants, v. BELINDA MARQUIS et al., Respondents.

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

Decided September 20, 2011.

Ordered that the judgments are affirmed, with one bill of costs.

Contrary to the plaintiffs' contention, the trial court providently exercised its discretion in precluding them from calling an expert radiologist to testify. The proffered explanation for failing to identify this witness until after the trial began was not based on good cause (see CPLR 3101 [d] [1] [i]; Lucian v Schwartz, 55 A.D.3d 687, 688 [2008]; ...

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