Schneider v. City of New York

Balletta, J. P., dissents and votes to reverse the orders appealed from and to deny the respective motions of the plaintiff and third-party defendant with the following memorandum:

I respectfully disagree with the majority and vote to reverse the orders appealed from and to reinstate the pleadings of the defendant third-party plaintiff Rosedale Carting Corp.

In my view, the record does not support a finding that Rosedale’s failure to produce a witness for a deposition was willful or contumacious. The record shows that the depositions of all the parties were initially scheduled to be held on…