[Download] "Mozejko v. Zullo" by Supreme Court of the State of New York Appellate Term: 2Nd And 11Th Judicial Districts ~ eBook PDF Kindle ePub Free
eBook details
- Title: Mozejko v. Zullo
- Author : Supreme Court of the State of New York Appellate Term: 2Nd And 11Th Judicial Districts
- Release Date : January 19, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
The instant personal injury action arises out of a motor vehicle accident which occurred in December of 2001. The action was commenced in the Supreme Court, Queens County, and was subsequently transferred to the Civil Court, Queens County, pursuant to CPLR 325 (d). While the action was pending in Supreme Court, in March of 2004, defendant served plaintiff with a Supplemental Notice for Discovery and Inspection. Plaintiff was directed to provide responses to said Supplemental Notice for Discovery and Inspection in a Compliance Conference Order dated April of 2004. In April and December of 2004, defendant mailed written requests to plaintiffs counsel, referring to the sought-after discovery. After the case was transferred to the Civil Court, defendant moved to compel plaintiff to furnish the documents and information requested in the Supplemental Notice of Discovery and Information. By order dated June 3, 2005, the court granted defendants motion to the extent of precluding plaintiff from offering any evidence at the time of trial with respect to liability and damages, unless plaintiff provided defendant with the requested discovery within 60 days of the order. After plaintiff failed to do so, defendant moved, in November of 2005, for summary judgment dismissing the complaint. Plaintiff opposed, claiming that law office failure and the health problems of plaintiff and her mother constituted "extenuating and compelling circumstances" warranting denial of defendants motion. The court below granted defendants motion and dismissed the complaint. The instant appeal ensued.
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