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BARCHELLA CONTRACTING CO., INC. v. CASSONE

2010-08057.

88 A.D.3d 832 (2011)

931 N.Y.S.2d 253

2011 NY Slip Op 7387

BARCHELLA CONTRACTING CO., INC., Respondent, v. MARY LOU CASSONE, Appellant.

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

Decided October 18, 2011.

Ordered that the judgment is reversed, on the facts and in the exercise of discretion, with costs, the plaintiff's motion to preclude the defendant from offering expert testimony at trial is denied, and the matter is remitted to the Supreme Court, Westchester County, for a new trial.

Preclusion for failure to comply with CPLR 3101 (d) is improper "`unless there is evidence of intentional or willful failure to disclose and...

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