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VITELLO v. JAM INSTALLERS, INC.

264 A.D.2d 774 (1999)

695 N.Y.S.2d 387

BARBARA VITELLO et al., Respondents, v. JAM INSTALLERS, INC., et al., Appellants. (And a Third-Party Action.)

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

Decided September 20, 1999.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendants forfeited their right to conduct physical examinations of the injured plaintiff and to have the plaintiffs comply with further discovery when they failed to complete the plaintiffs' depositions and submit to their own depositions as scheduled by the court at numerous pretrial conferences over a three-year period (see, Gigliotti v Allstate Ins. Co., 258 A...

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