McALLISTER v. CITY OF NEW YORK


248 A.D.2d 598 (1998)

669 N.Y.S.2d 918

Jamarr McAllister, Appellant, v. City of New York et al., Respondents

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

March 23, 1998


Ordered that the order is affirmed, with costs.

The record demonstrates that the parties engaged in substantial discovery. The defendants made significant efforts to comply fully with disclosure demands and a preliminary conference order, and a witness apparently became unavailable during the plaintiff's own substantial delay in making a substitution in accordance with CPLR 1015 for the death of the infant plaintiff's mother and natural guardian. Under these circumstances...

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