GLASBURGH v. PORT AUTH. OF NEW YORK & NEW JERSEY


193 A.D.2d 441 (1993)

597 N.Y.S.2d 327

James A. Glasburgh, an Infant, by His Parent and Natural Guardian, Susan Glasburgh, et al., Respondents, v. Port Authority of New York and New Jersey, Defendant, and Otis Elevator Company, Sued Herein as Otis Elevator Corp., Appellant. Otis Elevator Company, Third-Party Plaintiff-Appellant, v. Spartan Security Service, Inc., Third-Party Defendant, and Allied Maintenance Corp., Third-Party Defendant-Respondent. Otis Elevator Company, Second Third-Party Plaintiff-Appellant, v. McRoberts Protective Agency, Inc., Second Third-Party Defendant-Respondent

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

May 11, 1993


The willful and contumacious character of appellant's failure to disclose can be inferred from its year-long noncompliance with three separate court orders directing depositions and document production, coupled with inadequate excuses for these defaults (Mills v Ducille, 170 A.D.2d 657, 658; see also, Wolfson v Nassau County Med. Ctr., 141 A.D.2d 815). Appellant's motion to renew...

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