MAGEE v. CITY OF NEW YORK


242 A.D.2d 239 (1997)

662 N.Y.S.2d 18

John E. Magee, Respondent, v. City of New York et al., Defendants, and Claudio Batista, Appellant

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

August 21, 1997


We agree with the IAS Court that the investigator's affidavit submitted by appellant's attorneys in opposition to the motion lacked the detail necessary to demonstrate good faith efforts to locate appellant, and that a sanction is warranted. However, in the exercise of discretion, we impose preclusion of defendant's testimony as a sanction more appropriate than the striking of his pleadings (see, Gonzalez v National Car Rental, 178 A.D.2d 116...

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