DiPiano v. Truchly

Full title: JOSEPHINE DiPIANO et al., Appellants, v. GEORGE TRUCHLY, Respondent

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

Date published: Nov 9, 1995

221 A.D.2d 182 (N.Y. App. Div. 1995)

633 N.Y.S.2d 156

Opinion

November 9, 1995

Appeal from the Supreme Court, New York County (Stanley Sklar, J.).

The court acted within its discretion when it determined that the case was at an early stage, such that there was not yet a need for a specific deadline by which defendant had to provide expert information pursuant to CPLR 3101 (d) (1). The IAS Court retains the power to prevent any abuse that may occur in further proceedings.

Concur — Rosenberger, J.P., Rubin, Kupferman and Williams, JJ.