The Supreme Court properly exercised its discretion in denying the plaintiffs' motion, made mid-trial, to preclude the defendants' expert from testifying about theories of causation not specifically referenced in the defendants' expert disclosure statement. The basis of the plaintiffs' objection to the expert disclosure was readily apparent from the face of the disclosure and could have been raised, and potentially cured, prior to trial.
Goldsmith v. Kipnis, NY Slip Op 04461 (2d Dep't August 12, 2020)
