DIANE v. RICALE TAXI, INC.


291 A.D.2d 320 (2002)

739 N.Y.S.2d 8

MOUSSA DIANE, Respondent, v. RICALE TAXI, INC., Appellant, et al., Defendants.

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

Decided February 26, 2002.


Plaintiff alleges that he was injured when a taxi allegedly owned by defendant-appellant Ricale Taxi, Inc. (Ricale) rear-ended his automobile and left the accident scene. Ricale denies that its taxi was involved in the incident, but failed to produce any witness for deposition at the time and place directed by a preliminary conference order. On a prior motion by plaintiff, the IAS court rendered an order in April 2000 conditionally striking Ricale's answer, without need for...

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