WHITLER CONTRACTING CORP., INC. v. CITY OF NEW YORK


161 A.D.2d 484 (1990)

Whitler Contracting Corp., Inc., Respondent, v. City of New York (Rehabilitation of Fence and Walls), Appellant

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

May 24, 1990


Although plaintiff's successive excuses for its failure to turn over certain requested documents until confronted with legal action suggest evasiveness on its part in complying with existing judicial orders compelling discovery, the record nonetheless lacks sufficient evidence establishing plaintiff's willful noncompliance with the discovery orders (see, Sony Corp. v Savemart, Inc., 59 A.D.2d 676, 677). A review of the record...

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