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Ceccarini v. City of New York

Supreme Court, New York County

June 13, 2013

JOHANNA CECCARINI and JOSEPH CECCARINI, Plaintiffs,
v.
THE CITY OF NEW YORK and MEMORIAL SLOAN-KETTERING, , Defendants. Index No. 109037/2008

Unpublished Opinion

DECISION /ORDER

Hon. Kathryn E. Freed J.S.C.

RECITATION, AS REQUIRED BY CPLR§2219 (a), OF THE PAPERS CONSIDERED IN THE REVIEW OF THIS MOTION.

PAPERS/NUMBERED

NOTICE OF MOTION AND AFFIDAVITS ANNEXED...................1-2........

ORDER TO SHOW CAUSE AND AFFIDAVITS ANNEXED..................................

ANSWERING AFFIDAVITS........................................................................3-4.......

REPLYING AFFIDAVITS.............................................................................5...........

EXHIBITS........................................................................................................

OTHER.........................................................................................................................

UPON THE FOREGOING CITED PAPERS, THIS DECISION/ORDER ON THE MOTION IS AS FOLLOWS:

Plaintiffs move for an Order pursuant to CPLR§ 3126, striking the answer of The City of New York ("the City"), and precluding it from offering any evidence and testimony at the trial of this action, upon the ground that it has willfully failed to obey a So-Ordered Stipulation of Hon. Barbara Jaffe dated October 23, 2012; precluding defendant City from offering into evidence at the trial of this action any of the information called for in plaintiff s Third Notice for Discovery and Inspection dated August 7, 2012, upon the ground that defendant City has willfully failed to serve a discovery response pursuant to said So Ordered Stipulation; striking the answer of defendant Memorial Sloan-Kettering ("Memorial"), and precluding it from offering into evidence at the trial of this action any of the information called for in plaintiffs Third Notice for Discovery and Inspection dated August 7, 2012, upon the ground that said defendant has willfully failed to serve an appropriate and responsive discovery response to plaintiffs' aforesaid Third Notice for Discovery and Inspection.

Defendants' oppose. After a review of the instant motion, all relevant statutes and case law, ...


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