TRABANCO v. CITY OF NEW YORK

4078, 107469/06.

81 A.D.3d 490 (2011)

916 N.Y.S.2d 90

ANTHONY TRABANCO, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided February 10, 2011.


In this personal injury action, plaintiff appeals from an order denying his motion for an order making a conditional discovery order absolute. We conclude that the motion was properly denied because the underlying conditional order did not provide a concrete directive capable of enforcement.

In June 2007, plaintiff served defendants with a 20-day supplemental notice for discovery and inspection. By dint of two conference orders, defendants were directed to respond...

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