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Vasquez v. Sokolowski

Appellate Division of the Supreme Court of New York, Second Department
Nov 21, 2000
277 A.D.2d 370 (N.Y. App. Div. 2000)

Opinion

Submitted October 25, 2000.

November 21, 2000.

In an action to recover damages for personal injuries and violations of the Labor Law, the defendant Ericksen Contracting Corp. appeals from an order of the Supreme Court, Richmond County (Minardo, J.), entered February 9, 2000, which denied its motion pursuant to CPLR 3126(3) to strike the complaint, or, in the alternative, to compel discovery.

Caulfield Law Office (Carol R. Finocchio, New York, N.Y. [Lisa M. Comeau] of counsel), for appellant.

Burger Perrotta (Marvin Ben-Aron, Staten Island, N.Y., of counsel), for respondent.

Before: LAWRENCE J. BRACKEN, J.P., FRED T. SANTUCCI, MYRIAM J. ALTMAN, ANITA R. FLORIO, JJ.


DECISION ORDER

ORDERED that the order is modified by deleting the provision thereof denying that branch of the motion which was to compel discovery and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, with costs to the appellant.

The Supreme Court providently exercised its discretion in denying that branch of the appellant's motion which was to strike the complaint (see, CPLR 3126; Kingsley v. Kantor, 265 A.D.2d 529). Nevertheless, since the subject items in the appellant's demand for a bill of particulars and Item No. 2 of the notice of discovery and inspection dated December 7, 1999, are material and necessary to the defense of this action (see, CPLR 3101), the court should have granted that branch of the motion which was to compel discovery.

In its notice of discovery and inspection dated December 7, 1999, the appellant sought information regarding the plaintiff's status in this country under the immigration laws. This information is relevant with respect to the claim for lost wages (see, Gomez v. Long Is. R. R., 201 A.D.2d 455).


Summaries of

Vasquez v. Sokolowski

Appellate Division of the Supreme Court of New York, Second Department
Nov 21, 2000
277 A.D.2d 370 (N.Y. App. Div. 2000)
Case details for

Vasquez v. Sokolowski

Case Details

Full title:RUBEN VASQUEZ, RESPONDENT, v. MICHAEL SOKOLOWSKI, ET AL., DEFENDANTS…

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

Date published: Nov 21, 2000

Citations

277 A.D.2d 370 (N.Y. App. Div. 2000)
717 N.Y.S.2d 212

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