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Lesser v. Lacher

Appellate Division of the Supreme Court of New York, First Department
Apr 26, 1994
203 A.D.2d 181 (N.Y. App. Div. 1994)

Opinion

April 26, 1994

Appeal from the Supreme Court, New York County (Martin Evans, J.).


Whether to preclude expert testimony as a sanction for a failure to identify a prospective expert witness or provide the substance of his or her testimony pursuant to CPLR 3101 (d) (1) (i) is a matter best left to the trial court's discretion (see, Vigilant Ins. Co. v Barnes, 199 A.D.2d 257), and, under the circumstances of this case, the determination not to preclude was proper (see, Simpson v Bellew, 161 A.D.2d 693, 698, lv denied 77 N.Y.2d 808). The record provides no compelling reason not to defer to the Referee as arbiter of fact and credibility (see, Zuckerman v Altman, 200 A.D.2d 520).

We have considered the defendants' remaining arguments, and find them to be without merit.

Concur — Murphy, P.J., Sullivan, Carro and Asch, JJ.


Summaries of

Lesser v. Lacher

Appellate Division of the Supreme Court of New York, First Department
Apr 26, 1994
203 A.D.2d 181 (N.Y. App. Div. 1994)
Case details for

Lesser v. Lacher

Case Details

Full title:JILL C. LESSER, Individually and as a Partner of LACHER LESSER…

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

Date published: Apr 26, 1994

Citations

203 A.D.2d 181 (N.Y. App. Div. 1994)
612 N.Y.S.2d 851

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