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MARKS v. SOLOMON

174 Misc.2d 752 (1997)

667 N.Y.S.2d 194

Helene Marks et al., Plaintiffs, v. Sherry Solomon, Defendant.

Supreme Court, Westchester County.

October 6, 1997

Attorney(s) appearing for the Case

Russo & Galgano, White Plains, for plaintiffs. Aydelott & Aydelott, Mount Kisco, for defendant.

JOHN P. DiBLASI, J.

This case presents another example of the all too prevalent practice of delaying the service of a notice of expert for the purpose of gaining a tactical advantage over an opponent. Based upon the facts involved at bar, the court concludes that the imposition of a financial penalty against defendant's counsel is warranted, and that plaintiffs should be granted leave to retain an additional...

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