Legal Opinion
Lillis v. D'Souza
Appellate Division of the Supreme Court of the State of New York
Decided June 7, 1991PublishedCited by 39 opinions
1Opinion of the Court
—Judgment unanimously affirmed without costs. Memorandum: We reject plaintiffs’ contention that the trial court should have precluded defendants’ expert from testifying at trial because defendants did not respond until the second day of trial to the demand for disclosure of the report of the expert. CPLR 3101 (d) (1) (i) does not require a party to retain an expert at any specific time nor does it mandate that a party be precluded from proffering expert testimony merely because of noncompliance with the statute. The record reveals that the expert was retained only a week prior to trial and…
2Cases cited5 opinions
- Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
- Petrovski v. FornesAppellate Division of the Supreme Court of the State of New York · 1986
- Saar v. Brown & Odabashian, P. C.New York Supreme Court · 1988
- Dunn v. Medina Memorial HospitalNew York Supreme Court · 1986
- Monahan v. ComenaleAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by39 opinions
- Rivers v. BirnbaumAppellate Division of the Supreme Court of the State of New York · 2012
- Begley v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013
- Aversa v. TaubesAppellate Division of the Supreme Court of the State of New York · 1993
- Citron v. Northern Dutchess HospitalAppellate Division of the Supreme Court of the State of New York · 1993
- Peck v. Tired Iron Transport, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
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