Legal Opinion

Magee v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided August 21, 1997PublishedCited by 11 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Salvador Collazo, J.), entered on or about June 7, 1996, which granted plaintiff’s motion to strike defendant-appellant’s answer unless appellant appears for deposition within 30 days, unanimously modified, on the law, the facts, and in the exercise of discretion, to preclude appellant from testifying at trial unless he appears for deposition within 60 days of trial, and otherwise affirmed, without costs.

We agree with the IAS Court that the investigator’s affidavit submitted by appellant’s attorneys in opposition to the motion lacked the detail necessary…

2Cases cited2 opinions

  1. Gonzalez v. National Car RentalAppellate Division of the Supreme Court of the State of New York · 1991
  2. Beliavskaia v. PerkinAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by11 opinions

  1. McGarr v. Guardian Life Insurance Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 2005
  2. Horizon Inc. v. WolkowickiAppellate Division of the Supreme Court of the State of New York · 2008
  3. Garcia v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
  4. Parkis v. City of SchenectadyAppellate Division of the Supreme Court of the State of New York · 2022
  5. Parkis v. City of SchenectadyAppellate Division of the Supreme Court of the State of New York · 2022

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