Sanchez v. City of New York

Appellate Division of the Supreme Court of New York

Sanchez v. City of New York

266 A.D.2d 127, 698 N.Y.S.2d 670, 1999 N.Y. App. Div. LEXIS 12050

Appellate Division of the Supreme Court of the State of New York·Decided November 23, 1999·Published·Cited by 4 cases

Opinion

—Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered July 21, 1998, which, to the extent appealed from as limited by the brief, granted the motion of defendant Mystic Transportation, Inc. (Mystic) to preclude plaintiff, pursuant to CPLR 3126 (2), from offering or relying on photographs at trial to prove negligence on the part of Mystic or from introducing evidence as to any claim for special damages against Mystic, unanimously affirmed, without costs.

Plaintiff’s numerous and unexplained failures to comply with longstanding and still outstanding discovery obligations justify the inference that her noncompliance with discovery has been willful and contumacious (see, Cano v BLF Realty Holding Corp., 243 AD2d 390; Glasburgh v Port Auth., 193 AD2d 441). Accordingly, the IAS Court properly precluded plaintiff, pursuant to CPLR 3126 (2), from introducing or from relying upon the aforementioned evidence in her case against Mystic. Concur — Sullivan, J. P., Wallach, Rubin, Saxe and Friedman, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered July 21, 1998, which, to the extent appealed from as limited by the brief, granted the motion of defendant Mystic Transportation, Inc. (Mystic) to preclude plaintiff, pursuant to CPLR 3126 (2), from offering or relying on photographs at trial to prove negligence on the part of Mystic or from introducing evidence as to any claim for special damages against Mystic, unanimously affirmed, without costs.

Plaintiff’s numerous and unexplained failures to comply with longstanding and still outstanding discovery obligations justify the inference that her noncompliance with discovery has been willful and contumacious (see, Cano v BLF Realty Holding Corp., 243 AD2d 390; Glasburgh v Port Auth., 193 AD2d 441). Accordingly, the IAS Court properly precluded plaintiff, pursuant to CPLR 3126 (2), from introducing or from relying upon the aforementioned evidence in her case against Mystic. Concur — Sullivan, J. P., Wallach, Rubin, Saxe and Friedman, JJ.

Sanchez v. City of New York, 266 A.D.2d 127, 698 N.Y.S.2d 670, 1999 N.Y. App. Div. LEXIS 12050 (N.Y. Ct. App. 1999).

Pincite

266 A.D.2d 127 (Sanchez v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related