Lombardi v Alpine Overhead Doors, Inc., 2012 NY Slip Op 01590 (2d Dept. 2012)
“In opposition, the plaintiff failed to raise a triable issue of fact. Contrary to the plaintiff’s contention, the Supreme Court properly declined to consider his expert affidavit submitted in opposition to the defendant’s motion. The expert was not identified by the plaintiff until after the note of issue and certificate of readiness were filed attesting to the completion of discovery, and the plaintiff did not provide any excuse for failing to identify the expert in response to the defendant’s discovery demands (see CPLR 3101[d]; Kopeloff v Arctic Cat, Inc., 84 AD3d 890, 890-891; Ehrenberg v Starbucks Coffee Co., 82 AD3d 829, 830-831; Gerardi v Verizon N.Y., Inc., 66 AD3d 960, 961).”
