Opinion
570867/11
03-14-2012
12th Street Realty, Petitioner-Landlord-Appellant, v. Susan Noel, Respondent-Tenant-Respondent.
PRESENT: , J.P., Shulman, Torres, JJ
Landlord appeals from an order of the Civil Court of the City of New York, New York County (John H. Stanley, J.), dated March 16, 2011, which denied its motion to strike tenant's answer in a holdover summary proceeding.
Per Curiam.
Order (John H. Stanley, J.), dated March 16, 2011, affirmed, with $10 costs.
The record, including tenant's affidavit asserting specifically with respect to each of the unproduced documents that it did not exist, sufficed to show that tenant's discovery noncompliance was not willful (see Pagan v City of New York, 180 AD2d 545 [1992]), thus warranting denial of the extreme sanction of striking tenant's answer. The trial court is vested with broad discretion in supervising the discovery process, and its determinations will not be disturbed absent an improvident exercise of that discretion (see Ulico Cas. Co. v Wilson, Elser, Moskowitz, Edelman & Dicker, 1 AD3d 223 [2003]), not here shown.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur
I concur