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ROCCO v. KCL PROTECTIVE SERVICES, INC.

283 A.D.2d 317 (2001)

724 N.Y.S.2d 419

DOLORES ROCCO, as Administratrix of the Estate of PHILIP ROCCO, Deceased, Respondent, v. KCL PROTECTIVE SERVICES, INC., Doing Business as ADVANTAGE SECURITY, Sued Herein as ADVANTAGE SECURITIES & PROTECTION INCORPORATED, et al., Appellants, and LANCET 150 NASSAU, L.P., et al., Respondents, et al., Defendants. (And a Third-Party Action.)

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

Decided May 24, 2001.

The testimony of defendant Montalvo, as the security officer in control of the elevator that crushed plaintiff's decedent, was crucial to the proper preparation of this wrongful death action. Montalvo's failure to appear at any of the depositions that were repeatedly adjourned and re-scheduled for his convenience constituted willful, deliberate and contumacious behavior (Siegman v Rosen, 270 A.D.2d 14). Under such circumstances,...

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