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JACOBS v. NUSSBAUM

2012-01472.

100 A.D.3d 702 (2012)

953 N.Y.S.2d 875

PERCY JACOBS, Respondent, v. MILTON NUSSBAUM et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of New York, Second Department.

November 14, 2012.

Ordered that the order is affirmed, with costs.

"[A] party's failure to disclose its experts pursuant to CPLR 3101 (d) (1) (i) prior to the filing of a note of issue and certificate of readiness does not divest a court of the discretion to consider an affirmation or affidavit submitted by that party's experts in the context of a timely motion for summary judgment" (Rivers v Birnbaum, ___ AD3d ___, ___, 2012 NY Slip Op 06935, *1 [2d Dept 2012]). Here, considering...

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