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Frenk v. Frederick

Appellate Division of the Supreme Court of New York, Second Department
Mar 13, 2007
38 A.D.3d 593 (N.Y. App. Div. 2007)

Opinion

March 13, 2007.

In an action to recover damages for personal injuries, etc., the defendants appeal from a judgment of the Supreme Court, Kings County (F. Rivera, J.), dated September 26, 2005, which, upon a jury verdict on the issue of liability, is in favor of the plaintiff's and against them.

Before: Crane, J.P., Krausman, Fisher and Dickerson, JJ.


Ordered that the judgment is affirmed, with costs.

Parties have a continuing obligation to provide information as it becomes available to them ( see CPLR 3101 [h]), and where the defendants attempt to introduce at trial the testimony of witnesses whose addresses were not disclosed to the plaintiffs, the plaintiff's may seek preclusion of that evidence at that time ( see Brown v United Christian Evangelistic Assn., 270 AD2d 378, 379). Under the particular facts of this case, the Supreme Court did not improvidently exercise its discretion in granting preclusion.

The defendants' remaining contention is without merit.


Summaries of

Frenk v. Frederick

Appellate Division of the Supreme Court of New York, Second Department
Mar 13, 2007
38 A.D.3d 593 (N.Y. App. Div. 2007)
Case details for

Frenk v. Frederick

Case Details

Full title:GRIGORY FRENK et al., Respondents, v. ATIBA FREDERICK et al., Appellants

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 13, 2007

Citations

38 A.D.3d 593 (N.Y. App. Div. 2007)
830 N.Y.S.2d 672

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