R. F. Lowery's DeBevois Corp. v. Leon D. DeMatteis & Sons, Inc.

Appellate Division of the Supreme Court of New York

R. F. Lowery's DeBevois Corp. v. Leon D. DeMatteis & Sons, Inc.

135 A.D.2d 469, 522 N.Y.S.2d 447, 1987 N.Y. App. Div. LEXIS 52425

Appellate Division of the Supreme Court of the State of New York·Decided December 17, 1987·Published

Opinion

— Order, Supreme Court, New York County (Myriam J. Altman, J.), entered March 5, 1987, granting defendants’ motion to dismiss to the extent of precluding plaintiff from testifying at trial regarding certain documents which plaintiff failed to produce as required by a stipulation on the ground that the documents were not in plaintiff’s possession, affirmed, without costs.

We interpret the order of the I. A. S. court as precluding the plaintiff from offering any evidence with regard to documents that it was ordered to produce and failed to produce on their claim that the documents were not in their possession. Concur — Sandler, J. P., Carro, Milonas, Rosenberger and Wallach, JJ.

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— Order, Supreme Court, New York County (Myriam J. Altman, J.), entered March 5, 1987, granting defendants’ motion to dismiss to the extent of precluding plaintiff from testifying at trial regarding certain documents which plaintiff failed to produce as required by a stipulation on the ground that the documents were not in plaintiff’s possession, affirmed, without costs.

We interpret the order of the I. A. S. court as precluding the plaintiff from offering any evidence with regard to documents that it was ordered to produce and failed to produce on their claim that the documents were not in their possession. Concur — Sandler, J. P., Carro, Milonas, Rosenberger and Wallach, JJ.

R. F. Lowery's DeBevois Corp. v. Leon D. DeMatteis & Sons, Inc., 135 A.D.2d 469, 522 N.Y.S.2d 447, 1987 N.Y. App. Div. LEXIS 52425 (N.Y. Ct. App. 1987).

Pincite

135 A.D.2d 469 (R. F. Lowery's DeBevois Corp. v. Leon D. DeMatteis & Sons, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.