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COX v. CITY OF NEW YORK

287 A.D.2d 391 (2001)

731 N.Y.S.2d 618

DWAYNE COX, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided October 25, 2001.

The drastic remedy of unconditionally striking either or both of defendants' answers was properly denied for lack of a clear showing that the failure to find a knowledgeable witness for deposition was willful or contumacious (see, Frye v City of New York, 228 A.D.2d 182). While the record is replete with delays, some were the fault of plaintiff while others were related to difficulties finding requested...

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