Legal Opinion

Rocco v. KCL Protective Services, Inc.

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

Decided May 24, 2001PublishedCited by 3 opinions

1Opinion of the Court

—Order, Supreme Court, New York County (Lorraine Miller, J.), entered on or about October 31, 2000, which granted plaintiffs motion and defendants-respondents’ cross motions to strike the common answer of defendants-appellants Advantage and Montalvo unless the latter was produced for examination by December 1, 2000, unanimously affirmed, without costs.

The testimony of defendant Montalvo, as the security officer in control of the elevator that crushed plaintiffs decedent, was crucial to the proper preparation of this wrongful death action. Montalvo’s failure to appear at any of the depositions…

2Cases cited5 opinions

  1. Siegman v. RosenAppellate Division of the Supreme Court of the State of New York · 2000
  2. Reitte v. Entermy Cab Corp.Appellate Division of the Supreme Court of the State of New York · 1990
  3. Besson v. BeirneAppellate Division of the Supreme Court of the State of New York · 1992
  4. Toribio v. J.D. Posillico, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
  5. Lehman Government Securities, Inc. v. Enhanced Treasury Returns Corp.Appellate Division of the Supreme Court of the State of New York · 1995

3Cited by3 opinions

  1. Reidel v. Ryder TRS, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
  2. Dabrowski v. ABAX Inc.Appellate Division of the Supreme Court of the State of New York · 2023
  3. Dabrowski v. ABAX Inc.Appellate Division of the Supreme Court of the State of New York · 2023

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