Limones v. City of New York

Full title: EDISON LIMONES et al., Appellants, v. CITY OF NEW YORK, Respondent

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

Date published: Dec 3, 1998

256 A.D.2d 54 (N.Y. App. Div. 1998)

680 N.Y.S.2d 529

Opinion

December 3, 1998

Appeal from the Supreme Court, Bronx County (Gerald Esposito, J.).

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.