Lance R. Pomerantz
Attorney at Law

Land     Title     Law

“Constructive Notice”  The  Newsletter

Excerpted from the December 15, 2015 mailing of "Constructive Notice":

Legislative Alert

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.