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CPLR 3101(d) not violated

If you were injured due to someone else’s careless actions, we understand the challenges you may be facing. As a victim or a surviving family member, you could be dealing with the life-altering consequences of a serious accident.

Matter of Matter of State of New York v Dennis K., 2014 NY Slip Op 05884 (2d Dept. 2014

“The Supreme Court did not err in denying the appellant’s application to preclude certain expert testimony at the dispositional hearing, based on the State’s failure to comply with CPLR 3101(d), as no wilfulness or significant prejudice was demonstrated (see Ocampo v Pagan, 68 AD3d 1077, 1078; Shopsin v Siben & Siben, 289 AD2d 220, 221).”

A wholesale violation of the statute does not require preclusion.

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