Winzelberg v. 1319 50th Street Realty Corp.

In an action, inter alia, to recover damages for negligence, the defendants Fimor Construction & Development Corp. and WCHFimor Construction Corp. appeal from an order of the Supreme Court, Kings County (Kramer, J.), dated March 12, 2012, which denied their motion to disqualify the plaintiffs expert witness.

Ordered that the order is affirmed, without costs or disbursements.

The appellants failed to establish a sufficient basis for disqualifying the plaintiffs expert witness. The record demonstrated that the expert was originally and continuously retained on the plaintiffs behalf, such that no…