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CASTOR PETROLEUM, LTD. v. PETROTERMINAL DE PANAMA, S.A.

6218N, 600243/08

90 A.D.3d 424 (2011)

933 N.Y.S.2d 662

2011 NY Slip Op 8684

CASTOR PETROLEUM, LTD., Appellant, v. PETROTERMINAL DE PANAMA, S.A., Respondent.

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

Decided December 1, 2011.

The court's preclusion order was an improvident exercise of discretion (see CPLR 3126; Gradaille v City of New York, 52 A.D.3d 279 [2008]). There was no basis for finding that any noncompliance with the preliminary conference order was willful, contumacious, or in bad faith, as would justify precluding plaintiff from presenting evidence in support of its damages claim (see Sidelev v Tsal-Tsalko, 52...

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