Defendants failed to comply with a preliminary conference order and two compliance conference orders issued over a period of 14 months to produce witnesses for examinations before trial. However, given counsel's failure to file an affirmation in compliance with 22 NYCRR 202.7 (a) (2), it was a provident exercise of discretion to provide defendants with a final opportunity to produce witnesses for examinations before trial (see Reidel v Ryder TRS, Inc.,
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GARCIA v. CITY OF NEW YORK
4191N, 301213/08, 83971/08.
81 A.D.3d 440 (2011)
916 N.Y.S.2d 770
FRANCISCO GARCIA, Appellant, v. CITY OF NEW YORK et al., Defendants, and 1515 BRUCKNER BLVD. LLC, Respondent. (And a Third-Party Action.)
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided February 3, 2011.
Decided February 3, 2011.
Appellate Division of the Supreme Court of New York, First Department.
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