Johnson v. City of New York

Order, Supreme Court, Bronx County (Herbert Shapiro, J.), entered September 19, 1991, granting plaintiff’s motion to set the matter down for an assessment of damages for defendants’ failure to comply with *303the court’s March 4, 1991 order striking defendants’ answer unless, inter alia, defendant Maurer was produced for a court ordered examination before trial, unanimously affirmed, without costs or disbursements.

We agree with the IAS Court’s assessment that defendants’ repeated failures to locate ánd produce former Officer Maurer, now employed by the New York City Fire Department, for…