Black v. Bronx Lebanon Special Care Center, Inc.

Appellate Division of the Supreme Court of New York

Black v. Bronx Lebanon Special Care Center, Inc.

273 A.D.2d 82, 710 N.Y.S.2d 879, 2000 N.Y. App. Div. LEXIS 6585

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 13, 2000

StatusPublished

This text of 273 A.D.2d 82 (Black v. Bronx Lebanon Special Care Center, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Black v. Bronx Lebanon Special Care Center, Inc., 273 A.D.2d 82, 710 N.Y.S.2d 879, 2000 N.Y. App. Div. LEXIS 6585 (N.Y. Ct. App. 2000).

Pincite

Opinion

Order, Supreme Court, Bronx County (George Friedman, J.), entered December 27, 1999, which denied plaintiffs motion to strike the answer of defendant Bronx Lebanon Special Care Center, Inc., unanimously affirmed, without costs.

Although defendant Bronx Lebanon delayed in producing certain witnesses for deposition, the court properly exercised its discretion (see, Cherry v Herbert & Co., 212 AD2d 203, 209) in denying plaintiffs motion pursuant to CPLR 3126 to strike Bronx Lebanon’s answer, since there was no showing that its delay was the product of willful or contumacious conduct (see, Hanson v City of New York, 227 AD2d 217). Concur — Rosenberger, J. P., Nardelli, Ellerin, Andrias and Saxe, JJ.

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Order, Supreme Court, Bronx County (George Friedman, J.), entered December 27, 1999, which denied plaintiffs motion to strike the answer of defendant Bronx Lebanon Special Care Center, Inc., unanimously affirmed, without costs.

Although defendant Bronx Lebanon delayed in producing certain witnesses for deposition, the court properly exercised its discretion (see, Cherry v Herbert & Co., 212 AD2d 203, 209) in denying plaintiffs motion pursuant to CPLR 3126 to strike Bronx Lebanon’s answer, since there was no showing that its delay was the product of willful or contumacious conduct (see, Hanson v City of New York, 227 AD2d 217). Concur — Rosenberger, J. P., Nardelli, Ellerin, Andrias and Saxe, JJ.

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Bluebook (online)

273 A.D.2d 82, 710 N.Y.S.2d 879, 2000 N.Y. App. Div. LEXIS 6585, Counsel Stack Legal Research, https://law.counselstack.com/opinion/black-v-bronx-lebanon-special-care-center-inc-nyappdiv-2000.

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