GOLDSMITH MOTORS CORP. v. CHEMICAL BANK


300 A.D.2d 440 (2002)

751 N.Y.S.2d 547

GOLDSMITH MOTORS CORP., Respondent, v. CHEMICAL BANK, Appellant.

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

Decided December 16, 2002.


Ordered that the order is affirmed, without costs or disbursements.

The parties entered into a conditional so-ordered stipulation dated May 9, 2000, which precluded the plaintiff from offering evidence of special damages in support of its libel cause of action arising out of the alleged wrongful dishonor of checks unless it complied with the defendant's outstanding discovery demands by June 9, 2000. When the plaintiff failed to sufficiently comply with the stipulation...

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