BENNETT v. RIVERBAY CORPORATION


40 A.D.3d 319 (2007)

833 N.Y.S.2d 896

CARL A. BENNETT, Appellant, v. RIVERBAY CORPORATION et al., Respondents.

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

Decided May 10, 2007.


Plaintiff represents that the parties' depositions were scheduled for January 12, 2006, and argues that defendants' willful failure to produce witnesses deprived him of his right to deposition priority. Defendants do not deny the scheduling of all depositions for January 12, represent that plaintiff's deposition did not conclude until 4:00 P.M., and argue that "[a]ccordingly, no defendant witnesses were produced on that day." Absent a

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