Fouchet v. Manhattan Ford Lincoln Mercury, Inc.

OPINION OF THE COURT

John A. Milano, J.

ISSUE

Can a court, pursuant to the provisions of CPLR 3101 (d) (1) (i) preclude the introduction of expert witness testimony if it *205finds that there was an "intentional noncompliance” by the moving party in that the failure to give appropriate notice and disclosure was willful and deliberately calculated as a matter of strategy to throw the other parties off balance and obtain an undue advantage while the trial was in progress?

STATUTE

CPLR 3101 (a) (1) and (d) (1) (i) read in pertinent part:

"(a) * * * There shall be full disclosure of all evidence material…