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30-32 WEST 31ST STREET LLC v. HEENA HOTEL

651918/12. Appeal No. 13484-13485N. Case No. 2019-5914. 2020-02931.

193 A.D.3d 401 (2021)

141 N.Y.S.3d 689

2021 NY Slip Op 02055

30-32 West 31st Street LLC et al., Appellants, v. Heena Hotel et al., Respondents, et al., Defendants.

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

Decided April 1, 2021.

Attorney(s) appearing for the Case

Port & Sava, Lynbrook ( George S. Sava of counsel), for appellants.

Ruskin Moscou Faltischek, P.C., Uniondale ( Michael A.H. Schoenberg of counsel), and Sherin and Lodgen, LLP, Boston MA ( Edward S. Cheng of the bar of the Commonwealth of Massachusetts, admitted pro hac vice, of counsel), for respondents.

Concur—Acosta, P.J., Kapnick, Webber, Kennedy, JJ.

The court providently struck plaintiffs' expert disclosure, which failed to disclose the substance of the facts and opinions on which the expert was expected to testify (see CPLR 3101[d][1]; Rules of Commercial Div of Sup Ct [22 NYCRR 202.70] rule 13[c]; see e.g. Carter v Isabella Geriatric Ctr., Inc., 71 A.D.3d 443 [1st Dept 2010]; Galaz v Sobel & Kraus,

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