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RASMUSSEN v. NIAGARA MOHAWK POWER CORPORATION

294 A.D.2d 862 (2002)

740 N.Y.S.2d 912

JERRY M. RASMUSSEN et al., as Administrators of the Estate of GRACE M. RASMUSSEN, Deceased, and as Surviving and Representative Children/Issue and Next-of-Kin of Said Decedent, GRACE M. RASMUSSEN, Respondents, v. NIAGARA MOHAWK POWER CORPORATION, Appellant.

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

Decided May 3, 2002.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the cross motion is denied and the matter is remitted to Supreme Court, Chautauqua County, for further proceedings in accordance with the following memorandum: After plaintiffs failed to comply with various discovery demands of defendant, a 20-day conditional order of preclusion was entered without opposition. When plaintiffs failed to comply with...

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