June 27, 2008

Preclusion of expert testimony.

Practice point: Preclusion for failure to comply with CPLR 3101(d) is improper unless there is evidence of intentional or willful failure to disclose and a showing of prejudice.

Case: Cruz v. Gustitos, NY Slip Op 04826 (2d Dept. 2008)

Click here for the uncorrected opinion.