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TORIBIO v. J.D. POSILLICO, INC.

268 A.D.2d 394 (2000)

702 N.Y.S.2d 278

VICTOR TORIBIO, Respondent, v. J.D. POSILLICO, INC., et al., Defendants, and DEREZ CONTRACTING CORP., INC., Appellant.

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

Decided January 27, 2000.

In light of defendant Derez's failure to timely and satisfactorily explain its longstanding noncompliance with the court's direction that it produce a knowledgeable witness for deposition, the motion court justifiably concluded that Derez was willfully frustrating the conduct of discovery and properly granted plaintiff's motion to strike Derez's answer (see, Seamon v Apel, 191 A.D.2d 406). Derez's motion for reconsideration of plaintiff...

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