Burchard v. City of Elmira

Appeal from an order of the Supreme Court (Mulvey, J.), entered January 28, 2007 in Chemung County, which, among other things, denied defendants’ motion to dismiss the complaint.

In January 2005, plaintiff commenced this action against defendant City of Elmira and defendant Carl Mustico III, a police officer employed by the City, for injuries sustained during an October 2003 incident when Mustico allegedly used excessive force while arresting her. Defendants served various discovery demands and, following plaintiff’s noncompliance, obtained a conditional preclusion order in March 2006. On June…