Ibekweh v. Wims

Appellate Division of the Supreme Court of New York

Ibekweh v. Wims

244 A.D.2d 165, 665 N.Y.S.2d 263, 1997 N.Y. App. Div. LEXIS 11081

Appellate Division of the Supreme Court of the State of New York·Decided November 6, 1997·Published

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.

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—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.

Ibekweh v. Wims, 244 A.D.2d 165, 665 N.Y.S.2d 263, 1997 N.Y. App. Div. LEXIS 11081 (N.Y. Ct. App. 1997).

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Opinion

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