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PHILLIPS v. SERBALIK

167 A.D.2d 643 (1990)

Robert A. Phillips et al., Respondents, v. John Serbalik, Appellant

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

November 8, 1990

Under the circumstances of this case and given the fact that this court by its previous decision already determined that there was no abuse of discretion by Supreme Court in directing defendant to be examined or else be precluded from giving testimony or offering proof in the action (157 A.D.2d 902), there was likewise no abuse of discretion in the court's granting summary judgment to plaintiffs when defendant failed to comply with the...

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