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LEWIS v. CITY OF NEW YORK

17 Misc.3d 559 (2007)

844 N.Y.S.2d 665

ALPHONSO LEWIS, as Administrator of the Estate of KENNETH THOMAS, Deceased, and as Guardian of KYLE KALVIN THOMAS and Another, Infants, et al., Plaintiffs, v. CITY OF NEW YORK et al., Defendants. CITY OF NEW YORK, Third-Party Plaintiff, v. TRANSPORT INTERNATIONAL POOL, INC., et al., Third-Party Defendants.

Supreme Court, Bronx County.

September 14, 2007.

Attorney(s) appearing for the Case

Bernstein & Bernstein for plaintiffs.

White, Fleischner & Fino for City of New York, defendant.

Michael A. Cardozo, Corporation Counsel, New York City, for "John" Wanamaker, defendant.

Fogarty, Felicione & Duffy for Glenford R. McCallum and another, defendants.

Silverson, Pareres & Lombardi for JRC Transportation, Inc., defendant.

Alan I. Lamer for West Indian Carnival Associations, Inc., defendant.

Richard Tunick for Jam City Production, defendant.

Herzfeld & Rubin for Transport International Pool, Inc., third-party defendant.

OPINION OF THE COURT

PAUL A. VICTOR, J.

Relief Sought

The plaintiff moves pursuant to CPLR 3126 to strike the answer of defendant, Police Officer Wanamaker, for failure to provide the tape recording and transcript of the testimony of Officer Wanamaker given at a G.O.-15 hearing; or, in the alternative, pursuant to CPLR 3042 (c) to preclude the defendant Wanamaker from offering evidence at the trial of this action "as to matters, the particulars...

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