New Law Allows Expert Affidavits on Summary Judgment, Whether or Not Previously Disclosed


On December 11, 2015, the Governor signed into law S5188/A6265, amending CPLR 3212(b) to allow an expert affidavit to be submitted in connection with a motion for summary judgment, whether or not the proponent of the affidavit had disclosed it previously.

The new law expressly overrides a body of case law that had permitted trial judges to exercise their discretion in declining to consider expert affidavits, submitted in support of or in opposition to summary-judgment motions, where the proponents of the affidavits had not served CPLR 3101(d)(1)(i) exchanges prior to the filing of a note of issue.  See DeSimone v. New York, 119 A.D.3d 422 (1st Dep’t 2014); Garcia v. New York, 98 A.D.3d 857 (1st Dep’t 2012); Rivers v. Brinbaum, 102 A.D.3d 26 (2d Dep’t 2012); Construction by Singletree, Inc. v. Lowe, 55 A.D.3d 861 (2d Dep’t 2008).

The new law applies to all motions for summary judgment made on or after December 11, 2015.

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Aldous PLLC is a law firm located in mid-town Manhattan and Westchester, New York, dedicated to providing quality and cost-effective legal services to its clients.  The Firm works with global companies and individuals to avoid legal problems and to resolve the ones they have.  Aldous PLLC’s founding member, Kenneth E. Aldous, is an experienced lawyer, qualified to practice in both the U.S. and UK, who has represented a broad range of diverse interests in complex litigation before various federal and state courts, as well as in domestic and international arbitration.

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