MUCHNIK v. MENDEZ TRUCKING, INC.

2021-00434 Index No. 503591/17.

212 A.D.3d 640 (2023)

181 N.Y.S.3d 610

2023 NY Slip Op 00100

Michael Muchnik et al., Respondents, v. Mendez Trucking, Inc., et al., Appellants.

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

Decided January 11, 2023.


Attorney(s) appearing for the Case

Wilson Elser Moskowitz Edelman & Dicker, LLP, New York, NY ( Patrick J. Lawless and Scott H. Stopnik of counsel), for appellants.

Goidel & Siegel, LLP, New York, NY ( Jonathan M. Goidel and Rebecca M. Grossberg of counsel), for respondents.

Duffy, J.P., Chambers, Maltese and Wooten, JJ., concur.


In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Lawrence Knipel, J.), dated November 20, 2020. The order, insofar as appealed from, granted those branches of the plaintiffs' motion which were to compel the defendant Richard Gutierrez to appear for a deposition on or before a date certain, and to preclude him from entering any evidence at trial if he failed to appear for a deposition on or before...

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