Nurse v. City of New York

Defendants Lily Transportation Corp. and Fred PREMOSCH (hereinafter "movant") move for an order pursuant to the Civil Practice Law and Rules Section 3126 dismissing the complaint of plaintiff Leroy Nurse for his repeated and willful failure to comply with Court ordered discovery and for suc.....

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Defendants Lily Transportation Corp. and Fred PREMOSCH (hereinafter “movant”) move for an order pursuant to the Civil Practice Law and Rules Section 3126 dismissing the complaint of plaintiff Leroy Nurse for his repeated and willful failure to comply with Court ordered discovery and for such other and further relief as to this Court seems just and proper. The defendant City of New York (hereinafter “City”) cross-moves for the same relief. Opposition papers are submitted by the plaintiffs.

Defendant movant, in their moving papers, advises the court that a Preliminary Conference was held in this matter on September 22, 1999. Pursuant to the terms of that Order, the plaintiffs were directed to appear for examinations before trial on December 2, 1999, and then to appear for independent medical examinations within ninety days thereafter. It would appear from the moving papers that not only did the plaintiffs fail to appear for depositions in December 1999, but that they failed to reschedule the depositions for the next three years, despite repeated requests by the attorney for defendant movant. The moving papers further advise the court that compliance conferences were scheduled on ten subsequent dates and were all adjourned not only because of the outstanding discovery, i.e., the depositions and physical examinations of plaintiffs but also because the attorney for the plaintiffs failed to appear at some of the conferences.

Nurse v. City of New York

Defendants Lily Transportation Corp. and Fred PREMOSCH (hereinafter "movant") move for an order pursuant to the Civil Practice Law and Rules Section 3126 dismissing the complaint of plaintiff Leroy Nurse for his repeated and willful failure to comply with Court ordered discovery and for suc.....

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