Legal Opinion
Ocasio v. City of New York
New York Supreme Court
Decided June 8, 2006Published
1Opinion of the Court
OPINION OF THE COURT
Paul A. Victor, J.
Relief Sought
Plaintiff moves to strike the answer of defendant City of New York, or for other discovery sanctions, based on the defendant’s failure to produce a witness for deposition.
Facts and Procedural History
The infant plaintiff was allegedly injured in a slip and fall accident at CS 66 located in Bronx County on January 29, 2004. The City previously moved to dismiss this action pursuant to CPLR 3211 on the ground that the Board of Education, and not the City of New York, is the entity liable for the accident. Because the accident occurred following…
2Cases cited6 opinions
- Mountain View Coach Lines, Inc. v. StormsAppellate Division of the Supreme Court of the State of New York · 1984
- Pokoik v. Department of Health Services of County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1996
- Shorten v. City of White PlainsAppellate Division of the Supreme Court of the State of New York · 1995
- Pickerell v. Town of HuntingtonAppellate Division of the Supreme Court of the State of New York · 1996
- Cabreaja v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1994
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