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GREENE v. NEW ENGLAND MUTUAL LIFE INSURANCE COMPANY

257 A.D.2d 521 (1999)

685 N.Y.S.2d 9

SETH E. GREENE, Respondent, v. NEW ENGLAND MUTUAL LIFE INSURANCE COMPANY, Appellant.

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

Decided January 26, 1999.

Inasmuch as it had been ordered that plaintiff's deposition was to take place at a time mutually convenient to the parties and defendant nonetheless noticed the deposition without consulting plaintiff, the motion court properly determined that plaintiff's failure to appear did not warrant dismissal of the complaint pursuant to CPLR 3126. We note in this connection the absence of any indication that defendant made a further request...

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