CELA v. GOODYEAR TIRE & RUBBER COMPANY


286 A.D.2d 640 (2001)

730 N.Y.S.2d 323

ANGIE CELA et al., Respondents, v. GOODYEAR TIRE & RUBBER COMPANY et al., Appellants, and CITY OF NEW YORK, Respondent.

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

Decided September 25, 2001.


Plaintiffs brought this action for injuries allegedly sustained by reason of a sidewalk defect in front of Goodyear's premises. Despite a specific demand in a CPLR 3101 (d) (1) request made on February 18, 1999, plaintiffs failed to produce their engineer's report, pertaining to an inspection conducted by their engineer on January 15, 1999, and even denied that they had retained an expert, until after they filed their note of issue, and then disclosed the engineer's report...

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