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ARTICLES & ADVISORIES

JAN 14 2016

New York No Longer Requires Expert Disclosures Prior to Moving for Summary Judgment

Governor Cuomo has signed S5188/A6265 into law, thereby amending Section 3212 of the New York Civil Practice Law and Rules. This legislation overrules several intermediate appellate court decisions that had permitted trial judges to exercise their discretion and refuse to consider an expert affidavit submitted in conjunction with a summary judgment motion if the proponent had not provided expert disclosures prior to filing the motion.