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BALDWIN v. GERARD AVENUE, LLC

58 A.D.3d 484 (2009)

871 N.Y.S.2d 121

CHARLES BALDWIN, Respondent, v. GERARD AVENUE, LLC, et al., Defendants, and AUSTIN BROTHERS, INC., Appellant.

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

January 15, 2009.

Austin has offered no excuse for repeated noncompliance with the court's disclosure orders, conduct that was dilatory and "ultimately contumacious" (Henry Rosenfeld, Inc. v Bower & Gardner, 161 A.D.2d 374, 374 [1990]). All Austin needed to do, in order to comply with the court's July 16, 2007 discovery order, was to contact its former landlord and simply ask what had been done with the records. During deposition, Austin admitted...

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