Fama v. Marchetti

In an action to recover damages for wrongful death, the defendant appeals from a judgment of the Supreme Court, Westchester County (Ruskin, J.), entered January 25, 1993, which, upon a jury verdict, is in favor of the plaintiff and against him in the principal sum of $1,314,446.05.

Ordered that the judgment is affirmed, with costs.

The record does not indicate that the plaintiff’s failure to list the identities of a number of witnesses was willful or contumacious. Thus, the Supreme Court did not improvidently exercise its discretion in denying the defendant’s motion to preclude and/or strike…