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Red Apple Supermarkets, v. Malone Hyde

Appellate Division of the Supreme Court of New York, First Department
Jun 9, 1998
251 A.D.2d 78 (N.Y. App. Div. 1998)

Summary

granting sanctions where plaintiff did not timely produce documents to allow defendant to prepare for depositions

Summary of this case from Vladeck, Waldman, Elias & Engelhard, P.C. v. Paramount Leasehold, L.P.

Opinion

June 9, 1998

Appeal from the Supreme Court, New York County (Beatrice Shainswit, J.).


Given plaintiffs dilatory prosecution of this action and failure to pursue discovery vigorously, as manifested by, inter alia, their failure to conduct depositions until two weeks before the end date set by the court for all disclosure, and their failure to seek disclosure from the former third-party defendant or from nonparties, the IAS Court did not improvidently exercise its broad discretion in the supervision of discovery-related matters ( see, Kamhi v. Dependable Delivery Serv., 234 A.D.2d 34) by denying plaintiffs motion seeking additional time to prepare for trial.

Nor, given plaintiffs persistent, prolonged and inadequately explained failure to timely produce evidence requested by defendants, do we perceive any ground upon which the IAS Courts order precluding plaintiffs pursuant to CPLR 3126 from utilizing certain belatedly produced evidence might be deemed unjustified ( see, Cano v. BLF Realty Holding Corp., 243 A.D.2d 390; Pimental v. City of New York, 246 A.D.2d 467; Glasburgh v. Port Auth., 193 A.D.2d 441; Jackson v. City of New York, 185 A.D.2d 768). However, because it cannot be determined from the record which of the late-produced documents had been requested but not turned over Prior to January 24, 1996, and because it appears from the record that both the LAS Court and the parties treated disclosure as ongoing in 1997, we modify the preclusion order for the sake of clarity to provide that plaintiffs are precluded from introducing into evidence any documents requested by defendants but not produced prior to December 3, 1997, the date by which defendants requested that plaintiffs produce all outstanding documents in order to enable defendants to prepare for depositions scheduled for December 11th and 12th.

Concur — Ellenin, J. P., Nardelli, Rubin, Andrias and Saxe, JJ.


Summaries of

Red Apple Supermarkets, v. Malone Hyde

Appellate Division of the Supreme Court of New York, First Department
Jun 9, 1998
251 A.D.2d 78 (N.Y. App. Div. 1998)

granting sanctions where plaintiff did not timely produce documents to allow defendant to prepare for depositions

Summary of this case from Vladeck, Waldman, Elias & Engelhard, P.C. v. Paramount Leasehold, L.P.
Case details for

Red Apple Supermarkets, v. Malone Hyde

Case Details

Full title:RED APPLE SUPERMARKETS, INC., et al., Appellants, v. MALONE HYDE, INC., et…

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

Date published: Jun 9, 1998

Citations

251 A.D.2d 78 (N.Y. App. Div. 1998)
673 N.Y.S.2d 672

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