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GARCIA v. NEW YORK TIMES CO.

10009-13894/07, 10010.

106 A.D.3d 452 (2013)

965 N.Y.S.2d 862

2013 NY Slip Op 3380

FELIX GARCIA, Respondent, v. THE NEW YORK TIMES COMPANY et al., Appellants.

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

Decided May 9, 2013.

Defendants failed to offer a plausible excuse as to why they failed to secure a sworn statement from plaintiff's foreman although 2½ years had transpired since plaintiff's deposition where defendants learned of the foreman's involvement at the accident site. Accordingly, the court exercised its discretion in a provident manner in denying defendants a further extension of the time in which to file their summary judgment motion...

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