· 7/13/2023
Iberdrola Energy Projects v. MUFG Union Bank, N.A.
Citations
- 194 N.Y.S.3d 204
- 218 A.D.3d 409
- 2023 NY Slip Op 03841
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that the expert’s violation of Rule 26 did not cause prejudice 11 the opposing party when a timely supplemental report was served
- explaining that these 27 five factors should be considered when deciding whether the untimely disclosure was harmless
- finding that a 20 court may consider the extent to which a discovery violation would result in “prejudice or 21 surprise” to the party against whom the evidence is offered
- applying this standard to determine 11 whether a discovery deadline violation is justified or harmless
- explaining that the following factors should be considered 23 when deciding whether a deficient disclosure is harmless: (1) prejudice or surprise to the party 24 against whom the evidence is offered; (2) the ability of that party to cure the prejudice; (3
- noting factors courts use to determine justification or harmlessness include 6 || prejudice or surprise to the party against whom the evidence is offered and the likelihood of 7 | disruption of the trial
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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