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EMMITT v. CITY OF NEW YORK

1172, 7704/00.

66 A.D.3d 504 (2009)

887 N.Y.S.2d 50

2009 NY Slip Op 7331

DIONNE EMMITT, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided October 15, 2009.

Plaintiff allegedly tripped and fell in a construction trench. Defendant inexcusably failed to turn over to plaintiff certain sidewalk opening permits it had issued to Con Edison until the eve of trial. Defendant, pointing out its adherence to the parameters of later disclosure orders, claimed it only discovered the Con Edison permits after having later performed a broader search.

A party that disobeys court-ordered disclosure...

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