ROSENBERG & ESTIS, P.C. v. BERGOS


18 A.D.3d 218 (2005)

794 N.Y.S.2d 341

ROSENBERG & ESTIS, P.C., Respondent, v. MICHAEL BERGOS et al., Appellants.

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

May 3, 2005.


The record in this attorney fee dispute discloses that defendants willfully refused or simply failed to avail themselves of the opportunity to take plaintiff's deposition prior to the deadline set forth in the preliminary conference stipulation, and willfully refused to obtain copies of documents that defense counsel had already inspected and tagged for copying. Under these circumstances, defendants' motion to vacate the note of issue was properly denied since the certificate...

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