Frazier v. City of New York

OPINION OF THE COURT

David B. Saxe, J.

This motion raises the question of whether a plaintiff may be precluded from giving evidence at trial as against all parties where he has properly responded to all discovery demands except the interrogatories of a third-party defendant.

*537This action arises out of a collision between the plaintiff’s vehicle and a crane which was in the street abutting a construction site, without proper lights, warnings or signals. The primary defendant then impleaded the manufacturer of the plaintiffs vehicle, alleging defective design of the vehicle’s seat belt as a…