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OCASIO v. CITY OF NEW YORK

13 Misc.3d 161 (2006)

816 N.Y.S.2d 671

HECTOR OCASIO, an Infant, by His Mother and Natural Guardian, ANA PEREZ, et al., Plaintiffs, v. CITY OF NEW YORK, Defendant.

Supreme Court, Bronx County.

June 8, 2006.

Attorney(s) appearing for the Case

Greenberg & Stein, New York City (Ian Asch of counsel), for plaintiffs.

Michael A. Cardozo, Corporation Counsel, Bronx (Deborah L. Rubino of counsel), for defendant.

OPINION OF THE COURT

PAUL A. VICTOR, J.

Relief Sought

Plaintiff moves to strike the answer of defendant City of New York, or for other discovery sanctions, based on the defendant's failure to produce a witness for deposition.

Facts and Procedural History

The infant plaintiff was allegedly injured in a slip and fall accident at CS 66 located in Bronx County on January 29, 2004. The City previously moved to dismiss this action pursuant...

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