From Casetext: Smarter Legal Research

Mendoza v. N.Y

Appellate Division of the Supreme Court of New York, First Department
Dec 8, 2009
68 A.D.3d 482 (N.Y. App. Div. 2009)

Opinion

December 8, 2009.

Order, Supreme Court, New York County (Paul G. Feinman, J.), entered December 17, 2007, which granted plaintiff's motion to strike defendants' answer only to the extent of directing defendants to disclose requested discovery materials within 45 days or be precluded from contesting liability, unanimously affirmed, without costs.

Before: Tom, J.P., Nardelli, Renwick and Freedman, JJ.


The drastic sanction sought by plaintiff was properly denied for failure to show that defendants' delays in meeting its disclosure obligations were willful and contumacious ( see Mangual v New York City Tr. Auth., 48 AD3d 212).


Summaries of

Mendoza v. N.Y

Appellate Division of the Supreme Court of New York, First Department
Dec 8, 2009
68 A.D.3d 482 (N.Y. App. Div. 2009)
Case details for

Mendoza v. N.Y

Case Details

Full title:NEFTALI MENDOZA, Appellant, v. CITY OF NEW YORK et al., Respondents

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

Date published: Dec 8, 2009

Citations

68 A.D.3d 482 (N.Y. App. Div. 2009)
888 N.Y.S.2d 887

Citing Cases

Uwechia v. the City of New York

is to move to compel]; see also Zletz v Wetanson, 67 NY2d 711 [dismissal of complaint was abuse of…

Sarna v. City of New York

odriguez v United Bronx Parents, Inc., 70 AD3d 492 [1st Dept 2010]). While it is undisputed that City failed…