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FAMA v. MARCHETTI

215 A.D.2d 721 (1995)

627 N.Y.S.2d 79

Catherine Fama, Respondent, v. Michael Marchetti, Jr., Appellant

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

May 30, 1995

Ordered that the judgment is affirmed, with costs.

The record does not indicate that the plaintiff's failure to list the identities of a number of witnesses was willful or contumacious. Thus, the Supreme Court did not improvidently exercise its discretion in denying the defendant's motion to preclude and/or strike the testimony of these witnesses (see, Guillen v New York City Tr. Auth., 192 A.D.2d 506; Burton v...

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