Bordes v. 170 East 106th Street Realty Corp.

Appellate Division of the Supreme Court of New York

Bordes v. 170 East 106th Street Realty Corp.

203 A.D.2d 224, 612 N.Y.S.2d 878, 1994 N.Y. App. Div. LEXIS 3120

Appellate Division of the Supreme Court of the State of New York·Decided April 4, 1994·Published

Opinion

—In an action to recover damages for personal injuries, the defendant and third-party plaintiff appeals as limited by its brief, from so much of an order of the Supreme Court, Kings County (Vinick, J.), dated February 18, 1992, as conditionally severed the third-party action and precluded it from offering any testimony by a witness on the issue of liability unless it produced a witness for an examination before trial.

Ordered that the order is affirmed insofar as appealed from, with costs.

The court did not improvidently exercise its discretion in the selection or imposition of penalties against the parties for failure to comply with disclosure orders (see, CPLR 3126; Stathoudakes v Kelmar Contr. Corp., 147 AD2d 690). Bracken, J. P., Miller, Copertino, Santucci and Altman, JJ., concur.

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—In an action to recover damages for personal injuries, the defendant and third-party plaintiff appeals as limited by its brief, from so much of an order of the Supreme Court, Kings County (Vinick, J.), dated February 18, 1992, as conditionally severed the third-party action and precluded it from offering any testimony by a witness on the issue of liability unless it produced a witness for an examination before trial.

Ordered that the order is affirmed insofar as appealed from, with costs.

The court did not improvidently exercise its discretion in the selection or imposition of penalties against the parties for failure to comply with disclosure orders (see, CPLR 3126; Stathoudakes v Kelmar Contr. Corp., 147 AD2d 690). Bracken, J. P., Miller, Copertino, Santucci and Altman, JJ., concur.

Bordes v. 170 East 106th Street Realty Corp., 203 A.D.2d 224, 612 N.Y.S.2d 878, 1994 N.Y. App. Div. LEXIS 3120 (N.Y. Ct. App. 1994).

Pincite

203 A.D.2d 224 (Bordes v. 170 East 106th Street Realty Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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