Experts' affidavits and amending bills of particulars.

Practice point: The court declined to consider the affidavit of the plaintiff's expert, since the plaintiff failed to identify the expert in pretrial disclosure, and served the affidavit, which was elicited solely to oppose the motion for summary judgment, after filing a note of issue and certificate of readiness attesting to the completion of discovery.

Student note: The court denied that branch of the plaintiff's cross motion which was for leave to amend her bill of particulars. The plaintiff failed to set forth any excuse for her delay in seeking to amend her bill of particulars, which was for more than two years after the note of issue was filed.

Case: Ames v. Kamco Supply Corp., NY Slip Op 04960 (2d Dept. 2012).

Here is the decision.

Tomorrow’s issue: Motion to dismiss a legal malpractice claim.