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HANKOOK TIRE AMERICA CORP. v. SAMSUNG FIRE & MARINE INSURANCE CO. LTD.

Index No. 653948/15. 595622/17. Appeal No. 15145. Case No. 2021-00628.

201 A.D.3d 570 (2022)

157 N.Y.S.3d 705

2022 NY Slip Op 00376

Hankook Tire America Corp., Respondent, v. Samsung Fire & Marine Insurance Co. Ltd. (U.S. Branch) et al., Appellants. (And a Third-Party Action.)

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

Decided January 25, 2022.

Attorney(s) appearing for the Case

Chartwell Law, New York ( Linda Fridegotto of counsel), for appellants.

Moritt Hock & Hamroff LLP, New York ( James P. Chou of counsel), for respondent.

Concur—Gische, J.P., Webber, Mendez, Rodriguez, Pitt, JJ.

Defendants failed to comply with numerous court orders and to rectify problems in producing documents. Therefore, the motion court providently exercised its discretion in precluding them from offering evidence as stated above and awarding plaintiff 50% of its claimed attorneys' fees and costs (see generally Metropolitan Bridge & Scaffolds Corp. v New York City Hous. Auth., 168 A.D.3d 569, 572 [1st Dept 2019]; see also e.g...

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