WILLIAMS v. NOLDE


203 A.D.2d 360 (1994)

612 N.Y.S.2d 917

Elston Williams, Appellant, v. William Nolde et al., Respondents

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

April 11, 1994


Ordered that the order is affirmed insofar as appealed from, with costs to respondent Wilford Earl Armistead.

The defendants in this case contend that they should be afforded the opportunity to conduct examinations before trial. We agree that the defendants should have such an opportunity (see, CPLR 3212 [f]). We additionally find that the defendants did not fail to ascertain the facts due to their own inaction (see, Meath v Mishrick, ...

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