In Arpino v. F. J. F. & Sons Electric Co., Inc., 102 AD3d 201 [2nd Dept 2012] the Court considered the following factors in deciding to preclude the use of certain photographs at trial that had been untimely exchanged: that the photographs were exchanged after the note of issue had been filed; that the offending party had affirmatively misrepresented that it did not possess any photographs; that the offending party's failure to timely exchange discovery "seriously impaired" its adversary's ability to fully conduct depositions and prepare for trial.