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TOWER INSURANCE COMPANY OF NEW YORK v. RAZY ASSOCIATES

37 A.D.3d 702 (2007)

830 N.Y.S.2d 726

TOWER INSURANCE COMPANY OF NEW YORK, Appellant, v. RAZY ASSOCIATES et al., Respondents, et al., Defendants.

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

Decided February 20, 2007.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court ordered the defendant Jeffrey Rosenthal to appear for a deposition by October 25, 2004 and directed the plaintiff to file a note of issue by January 21, 2005. Although the plaintiff filed its note of issue as ordered, its attempts to schedule Rosenthal's deposition were unsuccessful. On or about April 4, 2005 the plaintiff moved to preclude the defendants from offering evidence...

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