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LOUISE v. HAMPTON JITNEY, INC.

Index No. 153839/16. Appeal No. 13588N. Case No. 2020-01736.

193 A.D.3d 514 (2021)

141 N.Y.S.3d 851

2021 NY Slip Op 02251

Tina Louise, Respondent, v. Hampton Jitney, Inc., Appellant.

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

Decided April 13, 2021.

Attorney(s) appearing for the Case

Gerber Ciano Kelly Brady LLP, Garden City ( Robert W. Berbenich of counsel), for appellant.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Oing, Kennedy, JJ.

"Preclusion of expert evidence on the ground of failure to give timely disclosure, as called for in CPLR 3101(d)(1)(i), is generally unwarranted without a showing that the noncompliance was willful or prejudicial to the party seeking preclusion" (Martin v Triborough Bridge & Tunnel Auth., 73 A.D.3d 481, 482 [1st Dept 2010]). Here, defendant served its expert notice after the note of issue, but prior to a trial date being set...

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