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HOPKINS v. CITY OF NEW YORK

8165N. 102479/11.

168 A.D.3d 551 (2019)

90 N.Y.S.3d 519

2019 NY Slip Op 00388

Jean Hopkins, Appellant, v. City of New York, Respondent, et al., Defendant. (And a Third-Party Action.)

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

Decided January 22, 2019.

The parties suspended scheduling of the deposition of the City's witness on January 14, 2014 when plaintiff withdrew its request for an EBT while other discovery disputes were resolved. Thus, the court orders prior to January 14, 2014 do not support the imposition of sanctions. We agree with Supreme Court that the City's noncompliance with subsequent disclosure orders did not give rise to an inference of willful and contumacious conduct. Given that there does not appear to...

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