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THOMAS v. McGUIRE SERV. CORP.

251 A.D.2d 148 (1998)

674 N.Y.S.2d 348

Preston Thomas et al., Respondents, v. McGuire Service Corp., Defendant, and Chemical Bank Branch 93, Appellant

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

June 18, 1998

Plaintiff Preston Thomas allegedly slipped and fell, suffering personal injury, due to Chemical's and McGuire's negligence in removing accumulated ice and snow in front of a Chemical Bank branch. Chemical's answer was stricken on the ground that it engaged in willful and contumacious conduct in violating a preliminary conference order by failing to produce a witness for examination before trial who could provide relevant information regarding the performance of McGuire's...

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