Timmons v. Hecker

*763Trial Term correctly denied the motion by plaintiff’s counsel to strike the testimony of the pathologist and toxicologist based on defendant’s failure to disclose the names of those witnesses during discovery. The toxicologist and pathologist testified as expert witnesses; as such, their names would ordinarily not be discoverable (see, Kincaid v Sears, Roebuck & Co., 79 AD2d 1094,1095; Siegel, NY Prac § 349). Moreover, the toxicologist’s report was independently admissible under County Law § 674 (3) (b) (see also, Short v Ohland Meat Corp., 108 Misc 2d 338 [Niehoff, J.]). As to any purported…