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A & S TRUCKING SERV., INC. v. NEW YORK STATE THRUWAY AUTH.

243 A.D.2d 430 (1997)

665 N.Y.S.2d 275

A & S Trucking Service, Inc., et al., Claimants, v. New York State Thruway Authority, Defendant and Third-Party Claimant-Appellant. Continental Casualty Insurance Company, Third-Party Defendant-Respondent (And Five Other Claims.)

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

October 6, 1997

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

There is no basis upon which to conclude that the failure on the part of the appellant to produce the documents sought to be discovered constituted willful and contumacious conduct (see, Zletz v Wetanson, 67 N.Y.2d 711; Rivers v Embassy Club, 207 A.D.2d 876

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