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TODRES v. W7879, LLC

108934/10, 408, 407.

137 A.D.3d 597 (2016)

26 N.Y.S.3d 698

2016 NY Slip Op 02019

MICHAEL TODRES, as the Executor of SARAH CARTER COLLYER, Deceased, Respondent-Appellant, v. W7879, LLC, et al., Appellants-Respondents.

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

Decided March 22, 2016.

Plaintiff waited until his reply brief on his cross appeal to make the legal argument that the court should have precluded two defense witnesses from testifying at trial. This argument is made too late (see e.g. Schultz v 400 Coop. Corp., 292 A.D.2d 16, 21 [1st Dept 2002]). Were we to consider it, we would find that it was not an improvident exercise of the court's discretion to allow...

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