MILLER v. DWORMAN


65 A.D.2d 785 (1978)

Charles Miller, Respondent, v. Archie Dworman et al., Appellants

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

November 20, 1978


Order reversed, without costs or disbursements, and motion granted only to the extent of precluding defendant Kearse from testifying at the trial unless plaintiff be accorded the right to examine him at least 20 days before trial.

Under the circumstances of this case, we do not feel that the conduct of codefendant Dworman constituted a willful or contumacious disregard of the prior order so as to warrant an order of preclusion...

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