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SILVA v. ALEXANDER'S DEP'T STORES, INC.

37 A.D.2d 829 (1971)

Jose A. Silva, Respondent, v. Alexander's Department Stores, Inc., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

October 26, 1971

Although defendant Alexander's Department Stores, Inc., has not co-operated to the extent it could have, particularly in its failure to produce Mr. Riley, the head of its security operations, striking its answer was the extremest penalty, and excessive for the deficiency involved. Particularly, in view of the alternative provision of the order directing Riley's appearance and the alternative witnesses produced, including Mrs. Florence...

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