GARCIA v. TRIBECA BROADWAY ASSOCIATES, LLC


7 A.D.3d 408 (2004)

776 N.Y.S.2d 484

JUAN GARCIA, Respondent, v. TRIBECA BROADWAY ASSOCIATES, LLC, Appellant. (And a Third-Party Action.)

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

May 20, 2004.


Plaintiff presented just cause for extending the period for his compliance (CPLR 2201, 2004). The court reasonably concluded that plaintiff — rather than willfully avoiding discovery — was simply experiencing difficulty obtaining a visa in Mexico to facilitate his appearance here for deposition and examination. We note that the parties have entered into a stipulation to conduct plaintiff's deposition and independent medical examination in New York. Under the...

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