Smalley v. Harley-Davidson Motor Co.

Appeal from an order of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered February 22, 2013. The order granted the motion of defendants seeking to preclude the trial testimony of two of plaintiffs’ experts and seeking to strike those expert disclosures as well as a third expert disclosure.

It is hereby ordered that the order so appealed from is reversed in the exercise of discretion without costs and the motion is denied.

Memorandum: Plaintiffs appeal from an order that granted defendants’ motion seeking to preclude the trial testimony of two of plaintiffs’ experts based on…