Although defendants were precluded by a prior order (Sallie Manzanet, J.) from offering evidence on the issue of liability as a result of their failure to produce a witness for examination before trial, their answer was not stricken and they were not precluded from establishing the affirmative defense of comparative negligence asserted therein. Thus, since the purpose of the preclusion order was to make the demanding party whole (see Northway Eng'g v Felix Indus.,...
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