The Appellate Division, Fourth Department, M. Dolores Denman Courthouse in Rochester
A state appeals court has ruled that a Rochester-based insurance and employee benefits company and related defendants are deemed to have admitted malicious prosecution allegations leveled against them by a former employee because he established “willful, contumacious and in bad faith failures” by the defendants to comply with discovery orders in his civil malicious prosecution suit.
The ex-employee and plaintiff, Fausto Prattico, “established on his motion that defendants repeatedly failed to comply with discovery orders, that such failure was willful, contumacious and in bad faith, and that [Prattico] was precluded by that failure from establishing a prima facie case,” wrote the Appellate Division, Fourth Department court in its opinion.
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