Legal Opinion

Vigilant Insurance v. Barnes

Appellate Division of the Supreme Court of the State of New York

Decided December 6, 1993PublishedCited by 25 opinions

1Opinion of the Court

In a subrogation action to recover for damage to property, the plaintiff appeals from an order of the Supreme Court, Nassau County (Robbins, J.), dated September 4, 1991, which granted the defendant’s motion to preclude the testimony of three expert witnesses on the ground that the plaintiff had failed to timely disclose the names of the witnesses pursuant to CPLR 3101 (d) (1) (i).

Ordered that the order is affirmed, with costs.

Pursuant to CPLR 3101 (d) (1) (i), a party must, upon demand, "identify each person whom the party expects to call as an expert witness at trial” and "disclose in…

2Cases cited2 opinions

  1. Bauernfeind v. Albany Medical Center HospitalAppellate Division of the Supreme Court of the State of New York · 1993
  2. Corning v. CarlinAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by25 opinions

  1. Rivers v. BirnbaumAppellate Division of the Supreme Court of the State of New York · 2012
  2. Lucian v. SchwartzAppellate Division of the Supreme Court of the State of New York · 2008
  3. Douglass v. St. Joseph's HospitalAppellate Division of the Supreme Court of the State of New York · 1998
  4. Grassel v. Albany Medical Center HopitalAppellate Division of the Supreme Court of the State of New York · 1996
  5. Mankowski v. Two Park Co.Appellate Division of the Supreme Court of the State of New York · 1996

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