Boyle v. Steiman

I respectfully dissent. In my opinion it was error for the Honorable Eugene E.J. Maier to overrule the preclusion order entered by the Honorable Bernard J. Avellino. I would find in favor of appellant Steiman on this claim, rendering further review of this appeal unnecessary.

The majority finds that due to Boyle’s counsel’s failure to respond to Steiman’s discovery requests and Judge Avellino’s sanctions orders, the fact that the discovery materials were in the possession of Steiman at the time of Judge Avellino’s order constituted “new evidence” before Judge Maier and that the preclusion…