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GONZALEZ v. NAT'L CAR RENTAL

178 A.D.2d 116 (1991)

Rafael Gonzalez, Jr., an Infant, by his Mother and Natural Guardian, Iris Ruiz, et al., Respondents, v. National Car Rental et al., Appellants

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

December 3, 1991

Despite his assurances to defense counsel, defendant Pazmino, the driver of a car owned by defendant National Car Rental that allegedly struck and injured the infant plaintiff, failed to appear at a court-ordered deposition. Nor could Pazmino be located to reschedule a deposition. His failure to appear was wilful, justifying the relief granted by the IAS court. We are of the view, however, that the disposition reached herein, which...

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