Claybourne v. City of New York

Full title: DIEDRE CLAYBOURNE et al., Appellants, v. CITY OF NEW YORK et al.…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 16, 1987

128 A.D.2d 667 (N.Y. App. Div. 1987)

Opinion

March 16, 1987

Appeal from the Supreme Court, Queens County (Hyman, J.).

Ordered that the order is modified, by deleting the provision thereof which imposed a sanction of $100. As so modified, the order is affirmed, with costs to the respondents.

The plaintiffs' motion pursuant to CPLR 3124 for court-ordered depositions was properly denied because no showing was made of a previous demand for pretrial examinations (see, Wiseman v American Motors Sales Corp., 103 A.D.2d 230). The sanction, however, cannot be imposed because there is neither a statute nor a court rule authorizing its imposition (see, Matter of A.G. Ship Maintenance Corp. v. Lezak, 69 N.Y.2d 1). Thompson, J.P., Niehoff, Weinstein and Spatt, JJ., concur.