Mary Imogene Bassett Hospital v. Cannon Design, Inc.

This appeal is the latest arising out of a protracted discovery dispute between the parties (see Mary Imogene Bassett Hosp. v Cannon Design, Inc., 84 AD3d 1543 [2011]; 84 AD3d 1524 [2011]; 66 AD3d 1286 [2009]). Briefly stated, in 2002, defendant contracted with plaintiff to design an upgrade to one of plaintiff’s hospital buildings in the Village of Cooperstown, Otsego County. A purpose of the upgrade was to improve the ability of the building to withstand a seismic catastrophe such as an earthquake or wind event. The contract provided for two phases of design and completion. Phase one…