MANN v. COOPER TIRE COMPANY


56 A.D.3d 363 (2008)

867 N.Y.S.2d 445

NANCY ESPERANZA MANN, Individually and as Administratrix of the Estate of CHAMKAUR SINGH MANN, Deceased, Plaintiff, v. THE COOPER TIRE COMPANY et al., Defendants. RAMAN MANN, an Infant, by His Guardian ad Litem GEORGE S. AKST, et al., Appellants, v. THE COOPER TIRE COMPANY et al., Respondents, et al., Defendants.

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

Decided November 20, 2008.


Plaintiffs contend that defendants' answer should be stricken because, consistent with defendants' previous, repeated and willful failures to comply with their disclosure obligations, defendants' motion to modify the protective order of confidentiality reviewed by this Court on the prior appeal amounted to a willful disregard of this Court's prior order directing defendants to produce requested documents forthwith and of the parties' subsequent stipulation in which defendants...

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