Governor Cuomo has signed into law an
important amendment to the CPLR concerning use of expert affidavits. L 2015 c.
529 amends CPLR Rule 3212(b) to prohibit trial courts from declining to
consider an expert affidavit in connection with a motion for summary judgment
merely because an expert exchange pursuant to CPLR §3101(d)(1)(j) was not
furnished prior to the submission of the affidavit.
This legislation overrides several recent
Appellate Division decisions upholding the practice. The full text of the bill (A6265/S5188) can be found here.