| Gerasimowicz v Delis |
| 2024 NY Slip Op 05050 [231 AD3d 536] |
| October 15, 2024 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Walter V. Gerasimowicz, as Successor by Assignment
to SMC Electrical Contracting, Inc., Appellant, v George Delis et al., Respondents, et al., Defendants. |
Jonathen E. Neuman, Fresh Meadows, for appellant.
Acquista & Associates, P.C., Astoria (Robert L. Camaj of counsel), for respondents.
Order, Supreme Court, New York County (Andrea Masley, J.), entered on or about February 6, 2024, which granted defendants-respondents' motion to preclude seven witnesses from testifying at trial, unanimously affirmed, without costs.
The trial court providently exercised its discretion in precluding seven witnesses listed on plaintiff's witness list from testifying at trial. Plaintiff exhibited a lack of diligence and noncompliance with court orders requiring him to respond to discovery demands, including interrogatories asking him to identify witnesses. Further, plaintiff did not provide a reasonable explanation for his failure to disclose those witnesses earlier in this 10-year-old litigation (see Shmueli v Corcoran Group, 29 AD3d 309, 309-310 [1st Dept 2006]; see also Daniels v New York City Tr. Auth., 171 AD3d 601, 602-603 [1st Dept 2019], revd on other grounds 35 NY3d 938 [2020]; Ravagnan v One Ninety Realty Co., 64 AD3d 481, 482 [1st Dept 2009]).
We have considered plaintiff's remaining arguments and find them unavailing. Concur—Webber, J.P., Kapnick, Kennedy, Scarpulla, Shulman, JJ.