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ACEVEDO v. CHAN

289 A.D.2d 10 (2001)

733 N.Y.S.2d 603

LUIS ACEVEDO, Respondent, v. YUEN-FAT CHAN et al., Appellants.

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

Decided December 4, 2001.

Defendants' failure to appear at their deposition, which was scheduled by the preliminary conference court on the same day as plaintiff's deposition, was not willful or contumacious where plaintiff had failed to comply with the directive in the same preliminary conference order that he provide medical authorizations and other documents by a date prior to the scheduled depositions, and where defendants concededly have priority of...

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