Busse v. Clark Equipment Co.

Order, Supreme Court, New York County (Carol Huff, J.), entered December 2, 1991, which denied the motion of the third-party defendant Japan Air Lines Company, Ltd., to preclude plaintiffs from introducing expert testimony or other expert proof at trial, unanimously reversed, on the law and on the facts and in the exercise of discretion, without costs or disbursements, and the motion granted, unless, within 45 days of service upon plaintiffs of a copy of this order with notice of entry, (1) plaintiffs serve proper responses to the third-party defendant’s CPLR 3101 (d) (1) (i) request and (2)…