Limones v. City of New York

Appellate Division of the Supreme Court of New York

Limones v. City of New York

256 A.D.2d 54, 680 N.Y.S.2d 529, 1998 N.Y. App. Div. LEXIS 13046

Appellate Division of the Supreme Court of the State of New York·Decided December 3, 1998·Published·Cited by 1 cases

Opinion

—Order, Supreme Court, Bronx County (Gerald Esposito, J.), entered on or about November 25, 1997, which, insofar as appealed from, denied plaintiffs’ motion to strike defendant’s answer for failure to comply with plaintiffs’ notice of discovery, unanimously affirmed, without costs.

Given defendant’s compliance, albeit belated, with the preliminary conference order, which largely incorporated plaintiffs’ notice of discovery, it cannot be said that defendant’s failure to comply with plaintiffs’ discovery demands was willful and contumacious so as to warrant the drastic relief sought by plaintiffs on the motion. Concur — Sullivan, J. P., Milonas, Tom and Mazzarelli, JJ.

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—Order, Supreme Court, Bronx County (Gerald Esposito, J.), entered on or about November 25, 1997, which, insofar as appealed from, denied plaintiffs’ motion to strike defendant’s answer for failure to comply with plaintiffs’ notice of discovery, unanimously affirmed, without costs.

Given defendant’s compliance, albeit belated, with the preliminary conference order, which largely incorporated plaintiffs’ notice of discovery, it cannot be said that defendant’s failure to comply with plaintiffs’ discovery demands was willful and contumacious so as to warrant the drastic relief sought by plaintiffs on the motion. Concur — Sullivan, J. P., Milonas, Tom and Mazzarelli, JJ.

Limones v. City of New York, 256 A.D.2d 54, 680 N.Y.S.2d 529, 1998 N.Y. App. Div. LEXIS 13046 (N.Y. Ct. App. 1998).

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256 A.D.2d 54 (Limones v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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