Opinion
2002-09379
Argued April 25, 2003.
May 19, 2003.
In an action to recover damages for breach of contract, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (O'Donoghue, J.), entered August 23, 2002, as denied that branch of their motion pursuant to CPLR 3101(d) which was to preclude the accounting expert of the plaintiff and additional counterclaim defendants from testifying at trial.
Moritt Hock Hamroff Horowitz, LLP, Garden City, N.Y. (Robert M. Tils, Marc L. Hamroff, and Stephen E. Turman of counsel), for appellants.
Ruskin, Moscou Faltischek, P.C., Uniondale, N.Y. (Douglas A. Cooper of counsel; Robert F. Regan on the brief), for plaintiff-respondent and additional counterclaim defendants-respondents.
Before: ANITA R. FLORIO, J.P., ROBERT W. SCHMIDT, SANDRA L. TOWNES, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly denied that branch of the defendants' motion pursuant to CPLR 3101(d) which was to preclude the accounting expert of the plaintiff and additional counterclaim defendants from testifying at trial. The defendants' attorney failed to comply with the good faith requirements of 22 NYCRR 202.7 (see William v. Way, 289 A.D.2d 483, 485; Hegler v. Loews Roosevelt Cinemas, 280 A.D.2d 645, 646).
FLORIO, J.P., SCHMIDT, TOWNES and CRANE, JJ., concur.