Williamson v. City of New York

Appellate Division of the Supreme Court of New York

Williamson v. City of New York

249 A.D.2d 248, 671 N.Y.S.2d 653, 1998 N.Y. App. Div. LEXIS 4783

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

DecidedApril 30, 1998

StatusPublished

Cited by3 cases

This text of 249 A.D.2d 248 (Williamson v. City of New York) 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

Williamson v. City of New York, 249 A.D.2d 248, 671 N.Y.S.2d 653, 1998 N.Y. App. Div. LEXIS 4783 (N.Y. Ct. App. 1998).

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Opinion

—Order, Supreme Court, New York County (Jane Solomon, J.), entered February 27, 1997, which granted plaintiff’s motion to strike defendant’s answer for disclosure noncompliance, unanimously affirmed, without costs.

Defendant’s alleged good faith efforts are belied by its repeated failure to produce the witness for any of the three court-ordered deposition dates spanning a period of two years (see, Periphery Loungewear v Kantron Roofing Corp., 214 AD2d 438), and its excuses are insufficient to establish a reasonable basis for its noncompliance (see, Furniture Fantasy v Cerrone, 154 AD2d 506). Concur — Milonas, J. P., Rosenberger, Nardelli and Tom, JJ.

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—Order, Supreme Court, New York County (Jane Solomon, J.), entered February 27, 1997, which granted plaintiff’s motion to strike defendant’s answer for disclosure noncompliance, unanimously affirmed, without costs.

Defendant’s alleged good faith efforts are belied by its repeated failure to produce the witness for any of the three court-ordered deposition dates spanning a period of two years (see, Periphery Loungewear v Kantron Roofing Corp., 214 AD2d 438), and its excuses are insufficient to establish a reasonable basis for its noncompliance (see, Furniture Fantasy v Cerrone, 154 AD2d 506). Concur — Milonas, J. P., Rosenberger, Nardelli and Tom, JJ.

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Bluebook (online)

249 A.D.2d 248, 671 N.Y.S.2d 653, 1998 N.Y. App. Div. LEXIS 4783, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williamson-v-city-of-new-york-nyappdiv-1998.

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