Legal Opinion
Ayala v. Lincoln Medical & Mental Health Center
Appellate Division of the Supreme Court of the State of New York
Decided February 16, 2012PublishedCited by 6 opinions
1Opinion of the Court
Striking the answers would have been inappropriate, given the lack of a clear showing that defendants’ failure to comply with discovery orders was willful, contumacious, or in bad faith (see Delgado v City of New York, 47 AD3d 550 [2008]). Indeed, there is evidence in the record that defendants attempted to comply with their disclosure obligations, but did not possess the requested discovery pertaining to plaintiffs total knee replacement surgery (see Scott v King, 83 AD3d 510, 511 [2011]; see also Harris v City of New York, 211 AD2d 662, 663 [1995]). In light of the strong preference that…
2Cases cited5 opinions
- Palmenta v. Columbia UniversityAppellate Division of the Supreme Court of the State of New York · 1999
- Banner v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2010
- Delgado v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2008
- Harris v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
- Scott v. KingAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by6 opinions
- Moore v. Federated Department Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- Parkinson v. Fedex Corp.Appellate Division of the Supreme Court of the State of New York · 2020
- Banach v. Dedalus Foundation, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- Banach v. Dedalus Foundation, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- Scher v. Paramount Pictures Corp.Appellate Division of the Supreme Court of the State of New York · 2013
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