Where defendants moved for summary judgment and plaintiffs moved to strike affidavits filed in support of the motion because of defendants' failure to disclose affiants' identities (an officer for the corporation and an expert), or that they had knowledge of issues in support of the motion, defendants were required to disclose the identify of the officer but not the expert, and such failure was not harmless or justified; although the affidavit is not excluded, plaintiffs are given opportunity to depose him.
January 21, 2005 at 12:00 AM
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