STAPLETON v. WESTIN HOTEL CO. (NEW YORK), INC.


158 A.D.2d 438 (1990)

Thomas L. Stapleton, Respondent, v. Westin Hotel Company (New York), Inc., et al., Appellants

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

February 27, 1990


The defendants moved to preclude the plaintiff from introducing at trial any evidence that the decedent committed suicide. This motion was made on the ground that the plaintiff had failed to respond to this question in his bill of particulars. Moreover, the defendants sought to strike the case from the Trial Calendar since discovery was still in progress. The plaintiff subsequently defaulted on the motions, but after rehearing, the court vacated the order of preclusion and...

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