Toribio v. J.D. Posillico, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order, Supreme Court, Bronx County *395(George Friedman, J.), entered March 19, 1999, which granted plaintiffs motion to strike defendant Derez Contracting Corp.’s answer pursuant to CPLR 3126, unanimously affirmed, with costs. Appeal from order, same court and Justice, entered June 30, 1999, denying Derez’s motion to reargue, unanimously dismissed, without costs.
In light of defendant Derez’s failure to timely and satisfactorily explain its longstanding noncompliance with the court’s direction that it produce a knowledgeable witness for deposition, the motion court justifiably concluded that…
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- Seamon v. ApelAppellate Division of the Supreme Court of the State of New York · 1993
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