DOWLITT v. CITY OF NEW YORK


113 A.D.2d 722 (1985)

Daisy A. Dowlitt, Respondent, v. City of New York et al., Appellants, et al., Defendants

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

September 19, 1985


Pursuant to CPLR 3126 on grounds of a default in appearing for deposition, severing the action against them from that against codefendant surgeons, and setting the matter down for an assessment of damages against defendants-appellants, unanimously reversed, on the law, the facts and in the exercise of discretion, and the motion denied, without costs or disbursements, on condition that defendants-appellants' counsel pay plaintiff...

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