Legal Opinion
Barchella Contracting Co. v. Cassone
Appellate Division of the Supreme Court of the State of New York
Decided October 18, 2011PublishedCited by 4 opinions
1Opinion of the Court
Preclusion for failure to comply with CPLR 3101 (d) is improper “ ‘unless there is evidence of intentional or willful failure to disclose and a showing of prejudice’ ” (Johnson v Greenberg, 35 AD3d 380, 380 [2006], quoting Shopsin v Siben & Siben, 289 AD2d 220, 221 [2001] [internal quotation marks omitted]). Here, while there was evidence that the defendant’s belated disclosure of her expert information in response to the plaintiffs demand therefor was intentional, any potential prejudice to the plaintiff was ameliorated by the more than six months that passed between the defendant’s…
2Cases cited5 opinions
- Shopsin v. Siben & SibenAppellate Division of the Supreme Court of the State of New York · 2001
- Dailey v. KeithAppellate Division of the Supreme Court of the State of New York · 2003
- Dailey v. KeithNew York Court of Appeals · 2004
- Gayz v. KirbyAppellate Division of the Supreme Court of the State of New York · 2007
- Johnson v. GreenbergAppellate Division of the Supreme Court of the State of New York · 2006
3Cited by4 opinions
- Burbige v. Siben & FerberAppellate Division of the Supreme Court of the State of New York · 2014
- Arcamone-Makinano v. Britton Property, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
- Arcamone-Makinano v. Britton Property, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
- Burbige v. Siben & FerberAppellate Division of the Supreme Court of the State of New York · 2014