Petracca v. Petracca

• Decision Date: 19 May 2003
• Parties: LESTER PETRACCA, Respondent,<BR>v.<BR>EUGENE PETRACCA et al., Appellants, and<BR>ROCKAWAY TRIANGLE LIMITED PARTNERSHIP, et al., Respondents.
• Court: New York Supreme Court — Appellate Division

305 A.D.2d 568

759 N.Y.S.2d 363

LESTER PETRACCA, Respondent,

v.EUGENE PETRACCA et al., Appellants, andROCKAWAY TRIANGLE LIMITED PARTNERSHIP, et al., Respondents.

Decided May 19, 2003.

Florio, J.P., Schmidt, Townes and Crane, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied that branch of the defendants' motion pursuant to CPLR 3101 (d) which was to preclude the accounting expert of the plaintiff and additional counterclaim defendants from testifying at trial. The defendants' attorney failed to comply with the good faith requirements of 22 NYCRR 202.7 (see Williams v Way, 289 AD2d 483, 485 [2001]; Hegler v Loews Roosevelt Cinemas, 280 AD2d 645, 646 [2001]).