Downes v. American Monument Co.

—Order, Supreme Court, Bronx County (George Friedman, J.), entered March 11, 1999, which, in an action by a grave digger for personal injuries sustained when a gravestone installed by defendant-appellant fell on him, insofar as appealed from, denied appellant’s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

The motion court properly considered the affidavit of plaintiffs expert witness in opposition to summary judgment, notwithstanding plaintiffs failure to disclose the expert’s identity previously pursuant to CPLR 3101 (d) (1) (i),…