(DOWNLOAD) "Angela Beetz Et Al. v. City New York" by Supreme Court of New York * Book PDF Kindle ePub Free
eBook details
- Title: Angela Beetz Et Al. v. City New York
- Author : Supreme Court of New York
- Release Date : January 14, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Queens County, dated August 9, 1979, which granted defendants motion to vacate a prior order which struck its answer on default for failure to comply with prior orders of the same court directing its attendance by a knowledgeable person at an examination before trial. Order reversed, on the law, and motion to vacate is denied, without costs or disbursements. On January 22, 1975 plaintiff wife lost control of the automobile she was operating because of an icy condition on Woodhaven Boulevard, Queens, New York. The vehicle proceeded to skid and ultimately strike a tree causing her to sustain severe personal injuries. Plaintiffs asserted in their complaint that the icy condition causing the accident was created by water dripping down from an overpass. The record reveals that on February 18, 1976, plaintiffs served a notice on the Corporation Counsels office to produce an employee of the defendant who possessed knowledge of pertinent information for an examination before trial. From October 5, 1976 to early September, 1978 plaintiffs made three separate motions for an order directing defendants appearance at an examination before trial by a person with the requisite knowledge. Each motion was granted without opposition and without defendant appearing by counsel. During the period from October 5, 1976, when the first motion by plaintiffs for such an examination before trial was made, and March 13, 1979, when plaintiffs motion to strike the answer for failure to comply with the three previous orders was granted on default, in at least six instances and without satisfactory explanation, defendant either did not appear for an examination before trial on the dates directed by the court or on adjourned dates, or else appeared by an employee not qualified to give any meaningful testimony. Special Term erred in granting defendants motion to vacate the [73 A.D.2d 925 Page 926]