Flour City Architect. Met. v. Sky-Lift

Full title: FLOUR CITY ARCHITECTURAL METALS, INC., Respondent, v. SKY-LIFT…

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

Date published: Sep 18, 1997

242 A.D.2d 471 (N.Y. App. Div. 1997)

663 N.Y.S.2d 814

Opinion

September 18, 1997

Appeal from Supreme Court, New York County (Herman Cahn, J.).

Defendant's motion to preclude plaintiff from offering expert testimony for failure to timely comply with the written notice requirements of CPLR 3101 (d) (1) (i) was properly denied upon supportable findings that such failure was neither willful nor prejudicial ( see, Lesser v. Lacher, 203 A.D.2d 181; Peck v. Tired Iron Transp., 209 A.D.2d 979). We have considered defendant-appellant's remaining claims and find them to be without merit.

Concur — Rosenberger, J.P., Wallach, Rubin, Tom and Colabella, JJ.