The trial court improvidently exercised its discretion in precluding testimony from the witness who identified plaintiff to the police as an individual she had seen fleeing the scene of a crime. Defendants satisfied their discovery obligation by providing the witness's last known address and telephone number during discovery, more than four years before trial. Thus, there could have been no surprise or prejudice warranting the preclusion (see Castracane v Campbell,
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ONILUDE v. CITY OF NEW YORK
309622/09-10540B. 10540A. 10540.
178 A.D.3d 499 (2019)
115 N.Y.S.3d 272
2019 NY Slip Op 08925
Tokunbo Onilude, Respondent, v. City of New York et al., Appellants.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided December 12, 2019.
Decided December 12, 2019.
Attorney(s) appearing for the Case
Zachary W. Carter, Corporation Counsel, New York (Diana Lawless of counsel), for appellants.
Sivin & Miller, LLP, New York (Edward Sivin of counsel), for respondent.
Concur—Gische, J.P., Mazzarelli, Gesmer, Moulton, JJ.
Appellate Division of the Supreme Court of New York, First Department.
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