This is a negligence action in which plaintiff alleges defendant negligently failed to maintain the sidewalk in front of the Bank of New York, located on 48 Wall Street. Plaintiff alleges that defendant consistently defied several court orders to produce a knowledgeable witness with respect to the sidewalk grating in question. Although we do not condone defendant's partial compliance, we cannot characterize defendant's conduct as willful, evasive or contumacious (see<...
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