Transcription of THE TIMING OF EXPERT DISCLOSURE UNDER CPLR§ 3101(d)
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1 DEFENSE ASSOCIATION OF NEW YORKTHE TIMING OF EXPERT DISCLOSURE UNDERCPLR 3101(d) Presented by:The Honorable Ellen M. Spodek: Justice of The Supreme Court Kings CountyClaire F. Rush, & Sabbatino, PLLC33 Whitehall Street- 16 FloorthNew York, New York 10004(212) 600-2454 Claire F. Rush is a founding partner of Rush & Sabbatino, PLLC., New York, TIMING OF EXPERT DISCLOSURE UNDER CPLR 3101(d) By: Claire F. Rush 1 The TIMING of CPLR 3101(d) EXPERT DISCLOSURE is an area fraught with dangers andpitfalls. These traps have been magnified by recent decisions from the Second Department thatimpose a time frame on when CPLR 3101(d) disclosures must be made when making a motionfor summary judgment.
the party expects to call as an expert witness at trial and shall disclose in reasonable detail the subject matter on which each expert is expected to testify, the substance of the facts and opinions on which each expert is expected to testify, the qualifications of each expert witness and a
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