SWELL WEAR, INC. v. DeLUCA


225 A.D.2d 386 (1996)

638 N.Y.S.2d 664

Swell Wear, Inc., Appellant, v. Sam DeLuca et al., Defendants, and City of New York, Respondent

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

March 14, 1996


Plaintiff does not dispute the City's assertion that the examinations sought have been conducted and that the order appealed from has been superseded by a subsequent order as to which an appeal has been noticed. Under the circumstances, we decline to disturb the decision of the IAS Court refusing to strike the City's answer. At the same time, however, we must admonish the City for its persistent disregard of the orders of the IAS...

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