SMITH v. CUNNINGHAM

2015-08671, Index No. 6070/12.

154 A.D.3d 681 (2017)

2017 NY Slip Op 06938

62 N.Y.S.3d 434

KENNETH J. SMITH, Respondent-Appellant, v. KEITH T. CUNNINGHAM, Appellant-Respondent.

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

Decided October 4, 2017.


Ordered that the order is modified, on the facts and in the exercise of discretion, by deleting the provision thereof precluding the defendant from calling any expert witness at trial to testify regarding alleged defects in the plaintiff's work, with the exception of any alleged defects in the siding that the plaintiff installed on the south wall of the house below the second floor windows; as so modified, the order is affirmed insofar as appealed and cross-appealed from...

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