Legal Opinion

Reyes v. Riverside Park Community

Appellate Division of the Supreme Court of the State of New York

Decided January 31, 2008PublishedCited by 1 opinion

1Opinion of the Court

Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered May 18, 2007, which, insofar as appealed from in an action for personal injuries, denied plaintiffs motions to strike the answers of defendants, provide a certain discovery, and to impose sanctions, unanimously affirmed, without costs.

Plaintiffs motion to strike defendants’ answers was properly denied since there was no showing that defendants’ conduct during discovery was willful, contumacious or in bad faith (see Dauria v City of New York, 127 AD2d 459 [1987]). Indeed, defendants complied with plaintiffs discovery requests…

2Cases cited3 opinions

  1. Allen v. Crowell-Collier Publishing Co.New York Court of Appeals · 1968
  2. Dauria v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1987
  3. Cerreta v. New Jersey Transit Corp.Appellate Division of the Supreme Court of the State of New York · 1998

3Cited by1 opinion

  1. Scott v. KingAppellate Division of the Supreme Court of the State of New York · 2011

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