RAHMAN v. MACDONALD


17 A.D.3d 438 (2005)

793 N.Y.S.2d 144

MOHAMMAD RAHMAN, Respondent, v. CATHERINE MACDONALD, Appellant.

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

April 11, 2005.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff allegedly was injured when his car collided with a vehicle owned and operated by the defendant. By order of the Supreme Court, Queens County, dated May 13, 2002, the plaintiff was "precluded from offering any evidence at trial pertaining to any items demanded by the defendant to which no response had been forthcoming." Based upon that order...

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