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Hegler v. Loews Roosevelt Field Cinemas

Appellate Division of the Supreme Court of New York, Second Department
Feb 26, 2001
280 A.D.2d 645 (N.Y. App. Div. 2001)

Opinion

Submitted February 14, 2001

February 26, 2001.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Joseph, J.), dated September 12, 2000, which denied their motion pursuant to CPLR 3101(d) to preclude the defendant`s expert from testifying at trial.

Louis J. Castellano, Jr., P.C., Mineola, N.Y., for appellants.

Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis Fishlinger, Garden City, N.Y. (Kathleen D. Foley of counsel), for respondent.

Before: O'BRIEN, J.P., FRIEDMANN, GOLDSTEIN and SMITH, JJ., concur.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The Supreme Court properly denied, on both procedural and substantive grounds, the plaintiffs' motion pursuant to CPLR 3101(d) to preclude the defendant's expert from testifying at trial. The plaintiffs' attorney failed to provide the required affirmation of a good-faith effort to resolve the issues raised by the motion (see, 22 NYCRR 202.7[a][2]; Barnes v. NYNEX, Inc., 274 A.D.2d 368; Romero v. Korn, 236 A.D.2d 598; Gonzalez v. International Bus. Machs. Corp., 236 A.D.2d 363). Moreover, the expert disclosure provided by the defendant pursuant to CPLR 3101(d)(1) was adequate (see, Marshall v. 130 N. Bedford Rd. Mt. Kisco Corp., ___ A.D.2d ___ [2d Dept., Nov. 27, 2000]; McGlauflin v. Wadhwa, 265 A.D.2d 534).


Summaries of

Hegler v. Loews Roosevelt Field Cinemas

Appellate Division of the Supreme Court of New York, Second Department
Feb 26, 2001
280 A.D.2d 645 (N.Y. App. Div. 2001)
Case details for

Hegler v. Loews Roosevelt Field Cinemas

Case Details

Full title:LILLIAN HEGLER, ET AL., APPELLANTS, v. LOEWS ROOSEVELT FIELD CINEMAS…

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

Date published: Feb 26, 2001

Citations

280 A.D.2d 645 (N.Y. App. Div. 2001)
720 N.Y.S.2d 844

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