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SPEKEN v. LLP (2022)

Supreme Court, Appellate Term, New York,

Stephanie SPEKEN, Plaintiff-Appellant, v. DENTAL PYRAMIDS, P.C., Imad Ayoubi, D.D.S., Defendants-Respondents. Stephen Gelfman, D.D.S., M.D., and Cary H. Miles, D.D.S., LLP and Cary H. Miles, D.D.S., Defendants.

570134 /22

Decided: June 27, 2022

PRESENT: Hagler, J.P., Tisch, Michael, JJ.

Order (Hilary Gingold, J.), entered January 19, 2022, affirmed, with $10 costs.

Civil Court providently exercised its broad discretion in denying plaintiff's motion to compel defendants-respondents to submit a further expert response pursuant to CPLR 3101(d)(1)(i) (see Rivera v Montefiore Med. Ctr., 28 NY3d 999, 1002 [2016]; M.V.B. Collision, Inc. v Allstate Ins. Co., 187 AD3d 884, 885 [2020]). Defendants-respondents’ expert disclosure statement disclosed in “reasonable detail” the qualifications of their expert witness, the subject matter and the substance of the facts and opinions on which the expert was expected to testify, and a summary of the grounds for the expert's opinion (CPLR 3101[d][1][i]; see Velez v Roy, 191 AD3d 571, 572 [2021]; Conway v Elite Towing & Flatbedding Corp., 135 AD3d 893, 894 [2016]).

We have reviewed plaintiff's remaining contentions and find them to be without merit.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur

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SPEKEN v. LLP (2022)

Docket No: 570134 /22

Decided: June 27, 2022

Court: Supreme Court, Appellate Term, New York,

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