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XINA v. CITY OF NEW YORK

13 A.D.3d 440 (2004)

785 N.Y.S.2d 709

HELEN XINA, Respondent, v. CITY OF NEW YORK, Defendant, and NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

December 13, 2004.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in striking the answer of the New York City Transit Authority (hereinafter Transit Authority) for failure to produce a Transit Authority employee for a deposition, despite two so-ordered stipulations directing that the deposition be conducted. The willful and contumacious character of the Transit Authority's failure to produce the witness for a deposition can be...

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