Distinguished
Distinguished by Stoneleigh Parkway, Inc. v. Assessor of Eastchester, 73 A.D.2d 918 (1980)
Corp. v Tax Assessor of City of White Plains (58 AD2d 871, affd 44 NY2d 971, supra) is distinguishable in that there the rebuttal expert whose testimony was precluded had not filed and exchanged any report whereas at bar petitioner’s expert had filed and exchanged a report.
The opinion
OPINION OF THE COURT
Order affirmed, with costs, on the memorandum at the Appellate Division ( 58 AD2d 959 ).
Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.