MARCHIONE v. GREENKY

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: We reject the contention of defendants that Supreme Court erred in denying their motion to preclude plaintiff from offering expert witness testimony at the trial of this medical malpractice action. "[P]reclusion for failure to comply with CPLR 3101(d) is improper `unless there is evidence of intentional or willful failure to disclose and a showing of prejudice by the opposing party'" ( Young v. Long Is. Univ., 297 A.D.2d 320, 320, quoting Shopsin v. Siben Siben, 289 A.D.2d 220, 221; see St. Hilaire v. White, 305 A.D.2d 209, 210; Silverberg v. Community Gen. Hosp. of Sullivan County, 290 A.D.2d 788, 788-789; Peck v. Tired Iron Transp., 209 A.D.2d 979). Here, there is no evidence of a willful or intentional failure to disclose by plaintiff, nor did defendants show that they were prejudiced by plaintiff's delay in complying with CPLR 3101(d).