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FITZGERALD v. CITY OF NEW YORK

1694N, 304808/09, 83839/10.

141 A.D.3d 441 (2016)

33 N.Y.S.3d 899

MICHAEL FITZGERALD, Plaintiff, v. CITY OF NEW YORK et al., Respondents, and INTERNATIONAL CONTRACTORS SERVICES, LLC, Appellant. CITY OF NEW YORK, Third-Party Plaintiff, v. A.H. HARRIS & SONS, INC., et al., Third-Party Defendant-Respondent, and INTERNATIONAL CONTRACTORS SERVICES, LLC, Third-Party Defendant-Appellant.

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

Decided July 7, 2016.

The IAS court providently exercised its discretion in conditionally striking third-party defendant International Contractor Services' third-party answer based on its repeated failure to comply with discovery directives (see e.g. Loeb v Assara N.Y. I L.P., 118 A.D.3d 457, 457 [1st Dept 2014]). We have considered the remaining arguments and find them...

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