Legal Opinion
Gradaille v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided June 10, 2008PublishedCited by 6 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Marilyn Shafer, J.), entered November 27, 2006, which granted the motion of defendant City of New York to vacate a prior order striking its answer for noncompliance with disclosure orders, upon condition that the City pay plaintiff $2,500, affirmed, without costs.
The motion court did not improvidently exercise its discretion in vacating the order striking the City’s answer and imposing a monetary sanction in its place after the City demonstrated that its earlier production of the wrong records was not willful and *280contumacious and that it had belatedly…
2Cases cited2 opinions
- McMahon v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1984
- Postel v. New York University HospitalAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by6 opinions
- Castor Petroleum, Ltd. v. Petroterminal de Panama, S.A.Appellate Division of the Supreme Court of the State of New York · 2011
- Elias v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010
- Dorr v. London Terrace Towers Owners, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- SWENEY, JERRY v. COUNTY OF NIAGARAAppellate Division of the Supreme Court of the State of New York · 2014
- Sweney v. County of NiagaraAppellate Division of the Supreme Court of the State of New York · 2014
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