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JOHNSON v. CITY OF NEW YORK

188 A.D.2d 302 (1992)

Robert M. Johnson, Respondent, v. City of New York et al., Appellants, et al., Defendant

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

December 3, 1992

We agree with the IAS Court's assessment that defendants' repeated failures to locate and produce former Officer Maurer, now employed by the New York City Fire Department, for deposition, is "inexcusable" and find no abuse of discretion in its setting the matter down for an assessment of damages after striking defendants' answer for their failure to comply, without a justifiable explanation, with two prior court orders. Nowhere...

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