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ULLOA v. CITY OF NEW YORK

193 A.D.2d 487 (1993)

597 N.Y.S.2d 386

Victor A. Ulloa et al., Plaintiffs, v. City of New York et al., Defendants City of New York, Third-Party Plaintiff-Appellant, v. Frank P. Lankow, Inc., Third-Party Defendant-Respondent

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

May 18, 1993

Upon the City's failure, after repeated demands, to respond to the third-party defendant's notice of discovery and inspection dated September 20, 1989, demanding production of 22 items, the third-party defendant moved to dismiss the third-party complaint. The motion was adjourned almost one month in order to give the City an opportunity to comply. On the adjourned date, October 23, 1990, after the City advised the court that the...

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