Citibank (S.D.) N.A. v. Johnson

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff contends that it was error for Supreme Court to dismiss its complaint pursuant to CPLR 3126 for refusing to comply with an order for disclosure. We agree. The record establishes that defendant served a demand for the production of documents and that plaintiff was unable to satisfy that demand fully because it did not possess some of the documents requested. The parties subsequently sought orders of preclusion arising from their discovery demands and an order was…