FED. DEPOSIT INS. CORP. v. ALLCITY INS. CO.


228 A.D.2d 275 (1996)

644 N.Y.S.2d 36

Federal Deposit Insurance Corporation, Appellant, v. Allcity Insurance Company, Respondent

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

June 13, 1996


The record supports the Special Referee's findings that plaintiff failed to supply responsive answers to certain of defendant's interrogatories, as it had been directed by the court to do. The penalty of dismissal was a proper exercise of discretion given the ample opportunity afforded plaintiff, who in two conferences with the court was allowed, in effect, to set its own schedule for answering the interrogatories, to satisfy its disclosure obligations, and the lack of an...

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