ALDANA v. HERTZ PENSKE TRUCK LEASING, INC.


226 A.D.2d 170 (1996)

640 N.Y.S.2d 115

Carlos Aldana, Appellant, v. Hertz Penske Truck Leasing, Inc., et al., Respondents Waltco Truck Equipment Co., Inc., et al., Third-Party Plaintiffs-Respondents, v. Allstate Linen Supply, Inc., et al., Third-Party Defendants-Respondents

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

April 9, 1996


Loath as we are to interfere with the IAS Court's management of its calendar and although plaintiff's failure to provide responses to the disputed particulars violated the court's July 25, 1994 and February 15, 1995 orders, there is no showing that he did so deliberately, wilfully or contumaciously. In partial compliance, plaintiff did not indicate an unwillingness to respond, which would have necessitated a motion for a protective order, but verified that in the absence...

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