Smalley v. Harley-Davidson Motor Co.

Centra, J.E, and Sconiers, J.

(dissenting in part). We respectfully dissent in part because we cannot agree with the majority’s conclusion that this is an appropriate case in which to substitute our discretion for that of Supreme Court with respect to plaintiffs’ late and even almost eve of trial disclosure of an entirely new products liability expert and a second amended disclosure for their previously disclosed liability expert, both of which proffer new liability theories (see Daniels v Rumsey, 111 AD3d 1408, 1409 [2013]). We agree with the majority, however, with respect to the preclusion…