RAFAEL DIAMOND JEWELRY IMP., INC. v. UNDERWRITERS AT LLOYDS OF LONDON, ENGLAND


189 A.D.2d 613 (1993)

Rafael Diamond Jewelry Import, Inc., Doing Business as Rafael Inc., Appellant, v. Underwriters at Lloyds of London, England, Subscribing to Cover Note Number ZJB8801876-201M Issued by Hartley Cooper Associates Limited, et al., Respondents

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

January 12, 1993


An IAS Court should be accorded wide latitude in determining appropriate sanctions for dilatory conduct (Sawh v Bridges, 120 A.D.2d 74, appeal dismissed 69 N.Y.2d 852), and in the circumstances presented it cannot be said that the court erred in dismissing the complaint. Nor can it be said that the court erred in placing the obligation to find and produce the absent witness, Fred Tawil,...

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