RABINOWITZ v. ROBERT C. GOTTLIEB, P.C.

7774. 650929/17.

167 A.D.3d 410 (2018)

86 N.Y.S.3d 879

2018 NY Slip Op 08243

Jerome Rabinowitz, Respondent, v. Robert C. Gottlieb, P.C., Appellant.

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

Decided December 4, 2018.


In a prior action brought by plaintiff, based upon identical facts and asserting the same claims, plaintiff willfully failed to comply with multiple disclosure orders and was precluded from testifying. His complaint was dismissed for failure to prosecute, and for "multiple failures to appear for video deposition without explanation." Plaintiff's motion to restore the case was also denied based on the preclusion order, the dismissal...

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