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Provenzano v. Turner Construction Company

Appellate Division of the Supreme Court of New York, Second Department
Aug 7, 2000
275 A.D.2d 314 (N.Y. App. Div. 2000)

Opinion

August 7, 2000.


In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Thomas, J.), dated September 8, 1999, which, in effect, granted the plaintiff's motion, inter alia, pursuant to CPLR 3126 to strike their answer to the extent of precluding them from presenting evidence at trial on the issue of liability for failure to provide discovery.

Ordered that the order is affirmed, with costs.

The Supreme Court properly determined that the defendants failed to comply with a stipulation dated June 16, 1999, to provide outstanding discovery, thereby warranting the sanction imposed ( see, Tirone v. Staten Is. Univ. Hosp., 264 A.D.2d 415; Ferrantello v. St. Charles Hosp. Rehabilitation Ctr., 249 A.D.2d 263; Smith v. City of New York, 239 A.D.2d 337).

Ritter, J.P., Sullivan, S. Miller, Luciano and H. Miller, JJ., concur.


Summaries of

Provenzano v. Turner Construction Company

Appellate Division of the Supreme Court of New York, Second Department
Aug 7, 2000
275 A.D.2d 314 (N.Y. App. Div. 2000)
Case details for

Provenzano v. Turner Construction Company

Case Details

Full title:GIORGIO PROVENZANO, Respondent, v. TURNER CONSTRUCTION COMPANY, INC., et…

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

Date published: Aug 7, 2000

Citations

275 A.D.2d 314 (N.Y. App. Div. 2000)
712 N.Y.S.2d 409

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