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GARCIA v. ALVAREZ

264 A.D.2d 325 (1999)

694 N.Y.S.2d 53

MARLENE GARCIA et al., Appellants, v. MARIA ALVAREZ et al., Defendants, and CITY OF NEW YORK, Respondent.

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

Decided August 12, 1999.

In this personal injury action, Supreme Court, on November 6, 1997, ordered plaintiffs to appear for deposition on November 10, 1997 at the courthouse. Outside counsel, who represented plaintiffs at the November 6th appearance, advised plaintiffs' counsel of the new date. However, he incorrectly indicated that the deposition would take place at the Corporation Counsel's office. It is uncontroverted that plaintiffs' counsel in fact appeared for the deposition at the Corporation...

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