Shopsin v. Siben & Siben

In Shopsin v. Siben & Siben (289 AD2d 220 [2d Dept 2001]), a unanimous appellate panel, with Justice Krausman as the Presiding Justice, reversed a Supreme Court, Suffolk County decision that precluded plaintiff from offering the testimony of two expert witnesses due to delay in complying with CPLR 3101 (d) (1) (i). The Court held that in this action, "there is no evidence that the plaintiff's delay in retaining expert witnesses and serving an expert witness notice was willful or intentional, and any potential prejudice to the defendants could have been alleviated by granting an adjournment. Under these circumstances, the court should not have precluded the plaintiff's witnesses from testifying."