McCUE v. BATTAGLIA


211 A.D.2d 625 (1995)

621 N.Y.S.2d 104

Gale McCue, Respondent, v. Frank Battaglia, Appellant, et al., Defendant

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

January 9, 1995


Ordered that the order is affirmed, with costs.

On July 12, 1993, the Supreme Court issued an order directing the appellant to "serve his responses to all of plaintiff's subject discovery [d]emands within twenty (20) days of the date of service of a copy [of the order]," and to appear, on August 26, 1993, for depositions that "shall continue until concluded." Although the appellant attended the deposition on August 26, 1993, his attorney did not permit him to answer...

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