Although the Civil Practice Laws and Rules require experts to be disclosed before a note of issue, the Second Department ruled on Oct. 17 that it was up to trial judges' discretion to decide how to penalize non-compliance.
October 29, 2012 at 12:00 AM
1 minute read
Judges may choose to consider expert affirmations submitted for the first time with a summary judgment motion, even though the Civil Practice Laws and Rules require experts to be disclosed before a note of issue, a state appeals panel has ruled.
The Appellate Division, Second Department, ruled on Oct. 17 in Rivers v. Birnbaum, 11646/10, that it was up to trial judges’ discretion to decide how to penalize non-compliance with the CPLR on expert disclosure.
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