Rivers v. Birnbaum

Miller, J. (concurring in the result in the following memorandum).

I concur in the result reached by my colleagues to affirm the order insofar as appealed from by the plaintiffs and reverse the order insofar as appealed from by the defendant Kim Rosary DeCastro. I write separately to express my views regarding the duty CPLR 3101 (d) (1) (i) imposes on parties to provide pretrial expert disclosure and the extent to which a court has the discretion to fashion penalties for a party’s failure to comply. *49It is my belief that further analysis of CPLR 3101 (d) (1) (i) and of this Court’s case law…