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WALKER v. GIBBONS

Docket No. 19686/2015, Mot. Seq. Nos. 001 MD, 002 MG.

137 A.D.3d 483 (2016)

26 N.Y.S.3d 463

2016 NY Slip Op 01590

BRUCE WALKER, Appellant, v. ARTHUR GIBBONS, Doing Business as GIBBONS HOLDING COMPANY, Respondent, et al., Defendants.

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

Decided March 8, 2016.

In this action for personal injuries, we are satisfied that plaintiff's failure to file a note of issue within 90 days of defendant Arthur Gibbons's CPLR 3216 demand was largely attributable to defendant's refusal to comply with the notices to take the outstanding deposition of its employee and for an inspection of its premises (see Donegan v St. Joseph's Med. Ctr., 283 A.D.2d 152 [1st Dept 2001]). Accordingly, defendant Arthur Gibbons...

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