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DIETRICK v. GUTMAN

39 A.D.3d 392 (2007)

834 N.Y.S.2d 159

WILLIAM DIETRICK, Appellant, v. JUDITH GUTMAN et al., Respondents.

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

Decided April 24, 2007.

Plaintiff's excuse for noncompliance with the court's order that he be deposed by a date certain is sufficient to preclude a finding that he engaged in willful and contumacious conduct in the discovery...

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