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DEXTER v. HOROWITZ MANAGEMENT

267 A.D.2d 21 (1999)

698 N.Y.S.2d 33

VIOLET DEXTER, Respondent, v. HOROWITZ MANAGEMENT, Appellant, et al., Defendant.

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

Decided December 2, 1999.

There is no evidence that Horowitz Management's failure to produce a witness who had, subsequent to the accident, left its employ was willful and contumacious so as to justify the drastic remedy of preclusion (see, Maillard v Maillard, 243 A.D.2d 448), which, in the circumstances, was tantamount to striking the answer. Horowitz, an out-of-possession landlord pursuant to a lease that imposes upon the tenant the sole responsibility...

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