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Blake v. Chawla11/18/2002
to do so.
The Wolf firm, which claimed that it did not know that Green was a potential witness in this case, possessed certain information to place it on notice of such a possibility. The firm was aware that Green was a Parkway employee at the time that the retainer agreement was executed and during his affiliation with the firm in its representation of the plaintiffs. Further, the Wolf firm was aware that Green (*6)contacted Dr. Reich to secure his services as an expert witness.
The Supreme Court correctly noted that a material issue in this case was the condition of the injured plaintiff upon his arrival at the Parkway ER. Green saw the injured plaintiff upon his arrival and observed his physical condition. Although Parkway and Dr. Reich provided treatment, they were not named as defendants in the case. By failing to disclose Green's involvement in the case until the eve of trial, the defendants were severely prejudiced in preparing an adequate defense. Accordingly, the Supreme Court providently exercised its discretion in dismissing the action insofar as asserted against Drs. Chawla and Ghassemi for the plaintiffs' failure to disclose witness information (see Yona v. Beth Israel Med. Ctr., supra; Birch Hill Farm v. Reed, supra; Amato v. County of Westchester, supra).
FEUERSTEIN, J.P., S. MILLER, KRAUSMAN and COZIER, JJ., concur.
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