Trammell v. Rockaway One Co.

Appellate Division of the Supreme Court of New York

Trammell v. Rockaway One Co.

278 A.D.2d 405, 718 N.Y.S.2d 218, 2000 N.Y. App. Div. LEXIS 13272

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

DecidedDecember 18, 2000

StatusPublished

This text of 278 A.D.2d 405 (Trammell v. Rockaway One Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Trammell v. Rockaway One Co., 278 A.D.2d 405, 718 N.Y.S.2d 218, 2000 N.Y. App. Div. LEXIS 13272 (N.Y. Ct. App. 2000).

Pincite

Opinion

In an action to recover damages for personal injuries, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (LaTorella, J.), dated December 23, 1999, as granted that branch of the plaintiffs motion which was pursuant to CPLR 3126 to preclude it from offering evidence at trial on the issue of liability.

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

Under the facts of this case, the Supreme Court providently exercised its discretion in precluding the defendant from offering evidence at trial on the issue of liability because of its repeated failures to produce a witness for an examination before trial in violation of a preliminary conference order (see, Garcia v Kraniotakis, 232 AD2d 369; Lavi v Lavi, 256 AD2d 602; Kingsley v Kantor, 265 AD2d 529). S. Miller, J. P., Friedmann, Krausman and Luciano, JJ., concur.

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In an action to recover damages for personal injuries, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (LaTorella, J.), dated December 23, 1999, as granted that branch of the plaintiffs motion which was pursuant to CPLR 3126 to preclude it from offering evidence at trial on the issue of liability.

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

Under the facts of this case, the Supreme Court providently exercised its discretion in precluding the defendant from offering evidence at trial on the issue of liability because of its repeated failures to produce a witness for an examination before trial in violation of a preliminary conference order (see, Garcia v Kraniotakis, 232 AD2d 369; Lavi v Lavi, 256 AD2d 602; Kingsley v Kantor, 265 AD2d 529). S. Miller, J. P., Friedmann, Krausman and Luciano, JJ., concur.

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Bluebook (online)

278 A.D.2d 405, 718 N.Y.S.2d 218, 2000 N.Y. App. Div. LEXIS 13272, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trammell-v-rockaway-one-co-nyappdiv-2000.

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