DQS Construction & Flintlock Construction, Inc. v. Utica National Insurance Group

Appellate Division of the Supreme Court of New York

DQS Construction & Flintlock Construction, Inc. v. Utica National Insurance Group

300 A.D.2d 197, 750 N.Y.S.2d 868, 2002 N.Y. App. Div. LEXIS 12848

Appellate Division of the Supreme Court of the State of New York·Decided December 24, 2002·Published

Opinion

—Order, Supreme Court, Bronx County (Sallie Manzanet, J.), entered April 18, 2002, which, inter alia, denied defendant-appellant’s motion pursuant to CPLR 3126 to dismiss plaintiffs’ complaint for failure to comply with certain disclosure directives, unanimously affirmed, with costs.

In the absence of any showing that plaintiffs had been willfully noncompliant with their disclosure obligations, the motion court properly exercised its discretion in denying defendant-appellant’s motion to sanction plaintiffs pursuant to CPLR 3126 by dismissing the complaint or, alternatively, [198]*198precluding plaintiffs from offering evidence on damages (see Adzhiashvili v Joy-Lud Distribs., Intl., 283 AD2d 361; Rosario v New York City Hous. Auth., 272 AD2d 105, 105-106). Concur — Nardelli, J.P., Saxe, Sullivan, Rosenberger and Ellerin, JJ.

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—Order, Supreme Court, Bronx County (Sallie Manzanet, J.), entered April 18, 2002, which, inter alia, denied defendant-appellant’s motion pursuant to CPLR 3126 to dismiss plaintiffs’ complaint for failure to comply with certain disclosure directives, unanimously affirmed, with costs.

In the absence of any showing that plaintiffs had been willfully noncompliant with their disclosure obligations, the motion court properly exercised its discretion in denying defendant-appellant’s motion to sanction plaintiffs pursuant to CPLR 3126 by dismissing the complaint or, alternatively, [198]*198precluding plaintiffs from offering evidence on damages (see Adzhiashvili v Joy-Lud Distribs., Intl., 283 AD2d 361; Rosario v New York City Hous. Auth., 272 AD2d 105, 105-106). Concur — Nardelli, J.P., Saxe, Sullivan, Rosenberger and Ellerin, JJ.

DQS Construction & Flintlock Construction, Inc. v. Utica National Insurance Group, 300 A.D.2d 197, 750 N.Y.S.2d 868, 2002 N.Y. App. Div. LEXIS 12848 (N.Y. Ct. App. 2002).

Pincite

300 A.D.2d 197 (DQS Construction & Flintlock Construction, Inc. v. Utica National Insurance Group) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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