NORTHFIELD INSURANCE COMPANY v. MODEL TOWING AND RECOVERY


63 A.D.3d 808 (2009)

881 N.Y.S.2d 135

NORTHFIELD INSURANCE COMPANY, as Subrogee of DOLLAR RENT A CAR SYSTEMS, INC., Respondent, v. MODEL TOWING AND RECOVERY, Appellant, et al., Defendants. (And Third-Party Actions.)

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

June 9, 2009.


Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, and that branch of the motion of the defendant Model Towing and Recovery which was to strike the complaint pursuant to CPLR 3126 is granted.

A preliminary conference order dated July 28, 2005, set forth deadlines for discovery including, inter alia, a provision that the plaintiff was to provide, within 30 days of the preliminary conference, its...

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