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ELIAS v. CITY OF NEW YORK

Nos. 5396N, 107664/07.

87 A.D.3d 513 (2011)

928 N.Y.S.2d 543

2011 NY Slip Op 6330

LEWIS ELIAS, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided August 25, 2011.

Although we previously directed defendant to comply fully with the outstanding discovery requests and ordered it to pay plaintiff $7,500 as a penalty for the delay in complying (Elias v City of New York, 71 A.D.3d 506 [2010]), defendant has still failed to comply fully. Over a three-year period, the City has repeatedly failed to provide discovery, despite nine court orders and sanctions...

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