Opinion
June 7, 1993
Appeal from the Supreme Court, Suffolk County (Luciano, J.).
Ordered that the order is reversed insofar as appealed from, on the law and as a matter of discretion, without costs or disbursements, and the cross motion is denied.
Since the case had not been placed on the court's trial calendar and more discovery was to take place, and given the lack of prejudice to the plaintiff, the court erred in precluding the appellant from adducing expert testimony at trial for failure to respond to the plaintiff's request to disclose information about its expert witness (see, CPLR 3101 [d] [1] [i]; cf. Corning v Carlin, 178 A.D.2d 576; see also, Aversa v. Taubes, 194 A.D.2d 580 [decided herewith]; Lillis v. D'Souza, 174 A.D.2d 976). Mangano, P.J., Rosenblatt, Lawrence, Copertino and Joy, JJ., concur.