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Louis L. Ibekweh, Appellant, v. Anna Wims et al., Respondents

New York Supreme Court, Appellate Division1997-11-06
244 A.D.2d 165665 N.Y.S.2d 263

Authorities cited

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Opinion

majority opinion

—Order, Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered July 11, 1996, which denied plaintiffs motion for disclosure sanctions, unanimously affirmed, without costs.

Sanctions were properly denied on a record showing that compliance with the prior order directing depositions was impossible due to inclement weather, and that defendants’ attorney thereafter made good faith efforts to arrange a mutually agreeable date for the depositions (see, Rodriguez v Sklar, 56 AD2d 537). The IAS Court should fix a new and final date for depositions. Concur—Milonas, J. P., Ellerin, Wallach and Rubin, JJ.