The most glaring deficiency in New York practice, in our view, is the lack of clearly defined rules for the timing of expert disclosure. Instead of clear guidance from the CPLR and court rules, we have a crazy quilt of requirements, whose violation may or may not result in the severe sanction of expert witness preclusion.
Justice Jack M. Battaglia’s recent decision in Herrera v Lever (NYLJ March 16, 2012) represents the judiciary’s most recent attempt to fashion an equitable remedy in this procedural “no-man’s land.”
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