Erica Winzelberg, respondent, v. 1319 (2014)

Submitted—December 4, 2013

DECISION & ORDER

In an action, inter alia, to recover damages for negligence, the defendants Fimor Construction & Development Corp. and WCH–Fimor Construction Corp. appeal from an order of the Supreme Court, Kings County (Kramer, J.), dated March 12, 2012, which denied their motion to disqualify the plaintiff's expert witness.

ORDERED that the order is affirmed, without costs or disbursements.

The appellants failed to establish a sufficient basis for disqualifying the plaintiff's expert witness.   The record demonstrated that the expert was originally and continuously retained on the plaintiff's behalf, such that no confidential relationship existed between the plaintiff's expert and any defendants in this action (see Roundpoint v. V.N.A., Inc., 207 A.D.2d 123;  see generally Berkowitz v. Berkowitz, 176 A.D.2d 775;  cf.  Mancheski v Gabelli Group Capital Partners, Inc., 22 AD3d 532, 534;  Matter of Walden Fed. Sav. & Loan Assn. v Village of Walden, 212 A.D.2d 718, 719).   No other basis for finding a conflict of interest was presented.   Accordingly, the appellants' motion to disqualify the plaintiff's expert witness was properly denied.

SKELOS, J.P., DILLON, DICKERSON and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court