Practice point: Plaintiff's expert's affidavit was rejected for non-compliance with the disclosure requirements of CPLR 3101(d)(1)(i) when the expert witness was first identified in opposition to defendant's summary judgment motion, after plaintiff filed the note of issue and certificate of readiness.
Students should note that the affidavit will also be rejected if the expert fails to demonstrate sufficient qualifications to render an opinion.
The case is Pellechia v. Partner Aviation Enters., Inc., NY Slip Op 00496 (2d Dept. 2011
Monday's issue is motion practice.
