A party's failure to disclose its experts pursuant to CPLR 3101(d)(1)(i) prior to the filing of a note of issue and certificate of readiness does not divest a court of the discretion to consider an affirmation or affidavit submitted by that party's experts in the context of a timely motion for summary judgment. The exercise of discretion is proper where the failure to disclose was neither intentional nor willful, and there is no prejudice to the other party.
Cobham v. 330 W. 34th SPE, LLC, NY Slip Op 05748 (2d Dep't August 15, 2018)
Here is the decision.