Fraracci v. Lasouska
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Carpinello, J.
Appeal from an order of the Supreme Court (Kavanagh, J.), entered March 15, 2000 in Ulster County, which, inter alia, granted plaintiffs motion to strike defendant’s answer.
Plaintiff commenced this action to recover damages as a result of an alleged assault and battery on August 26, 1998. Pursuant to an October 28, 1999 “preliminary conference stipulation and order,” a discovery timetable was set which included, as relevant here, a December 15, 1999 deposition of defendant and a deposition of plaintiff on or before December 31, 1999. This order also set the matter down for a…
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