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CENTER SHEET METAL v. CANNON DESIGN, INC.

11852. 309853/08.

185 A.D.3d 507 (2020)

125 N.Y.S.3d 547

2020 NY Slip Op 04010

Center Sheet Metal, et al., Appellants, v. Cannon Design, Inc., et al., Respondents.

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

Decided July 16, 2020.

Plaintiffs violated the court's third conditional order of preclusion by failing to produce a witness for Aspen's scheduled deposition, and failed to demonstrate either a reasonable excuse for their failure to comply or a meritorious claim. Accordingly, the court properly denied their motion to allow the deposition to proceed (see Gibbs v St. Barnabas Hosp., 16 N.Y.3d 74, 83 [2010]). Contrary...

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