Dietrick v. Gutman

Order, Supreme Court, New York County (Jane S. Solomon, J.), entered June 22, 2006, which denied plaintiffs motion to vacate a prior order precluding him from testifying at trial, and granted defendants’ cross motions for summary judgment dismissing the complaint and all cross claims, unanimously reversed, on the law, without costs, the order of preclusion vacated, the cross motions denied, the complaint reinstated and the matter remanded for further proceedings, including consideration of alternative sanctions. Appeal from order, same court and Justice, entered September 29, 2006, insofar as…