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Richards v. Herrick

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 15, 2002
292 A.D.2d 874 (N.Y. App. Div. 2002)

Opinion

413

March 15, 2002.

Appeal from an order of Supreme Court, Ontario County (Harvey, J.), entered April 4, 2001, which denied defendants' motion seeking to compel further expert disclosure from plaintiffs.

Hiscock, Barclay, Saperston Day, Rochester (Joseph A. Wilson of counsel), for defendants-appellants.

Bond, Schoeneck King, LLP, Syracuse (Susanne O. Galbato of counsel), for plaintiffs-respondents.

PRESENT: WISNER, J.P., SCUDDER, KEHOE, BURNS, AND GORSKI, JJ.


MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously reversed on the law without costs and the motion is granted.

Memorandum:

Supreme Court erred in denying defendants' motion seeking to compel further expert disclosure from plaintiffs. Plaintiffs responded to defendants' demand for expert disclosure by advising defendants that they intended to call a meteorologist, whom they identified, who would testify regarding the weather conditions at "the time and location of the accident." That response fails to reveal "the substance of the facts and opinions on which [the] expert is expected to testify" (CPLR 3101 [d] [1] [i]). Although plaintiffs are not required to disclose the expert's report, they are "obligated to disclose * * * `a summary of the grounds' for the expert's opinion" ( Barrowman v. Niagara Mohawk Power Corp., 252 A.D.2d 946, lv denied 92 N.Y.2d 817; see, CPLR 3101 [d] [1] [i]; Matter of Love Canal Actions, 161 A.D.2d 1169, 1170). Plaintiffs' response was "`so general and nonspecific that [defendants have] not been enlightened to any appreciable degree about the content of this expert's anticipated testimony'" ( Chapman v. State of New York, 189 A.D.2d 1075; see, Syracuse v. Diao, 272 A.D.2d 881, 882).


Summaries of

Richards v. Herrick

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 15, 2002
292 A.D.2d 874 (N.Y. App. Div. 2002)
Case details for

Richards v. Herrick

Case Details

Full title:MAGDALEN RICHARDS AND WILLIAM RICHARDS, Plaintiffs-respondents, v. DAVID…

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

Date published: Mar 15, 2002

Citations

292 A.D.2d 874 (N.Y. App. Div. 2002)
738 N.Y.S.2d 470

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