In disobedience of a series of court orders, the elderly decedent did not appear for examination before trial and his attorney, who continues to represent his estate, did not comply with court directions to commence a guardianship proceeding. The result of this repeated disobedience was that the decedent died before defendants had an opportunity to examine him. Absent a reasonable excuse for the disobedience, dismissal of the action was a proper exercise of discretion (
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SINN v. CITY OF NEW YORK
304 A.D.2d 504 (2003)
758 N.Y.S.2d 328
HANNA SINN, Appellant, v. CITY OF NEW YORK et al., Respondents.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided April 29, 2003.
Decided April 29, 2003.
Appellate Division of the Supreme Court of the State of New York, First Department.
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