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PAEK v. CITY OF NEW YORK

28 A.D.3d 207 (2006)

812 N.Y.S.2d 83

UNJOO PAEK, Respondent, v. CITY OF NEW YORK, Appellant.

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

April 4, 2006.

The trial court properly exercised its discretion in precluding defendant from calling a witness that it produced without notice on the final day of testimony, a day added by the court at defendant's request in order to hear testimony on another matter (see Feldsberg v. Nitschke, 49 N.Y.2d 636, 643 [1980]). Moreover, defendant had failed to exercise due diligence in securing the witness's attendance (see Herbert v. Edwards Super...

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