Pagan v. City of New York

Order, Supreme Court, Bronx County (Bertram Katz, J.), entered May 16, 1991, which denied plaintiff’s motion to strike defendant’s answer, and granted defendant City Housing Authority’s motion to quash plaintiff’s subpoena duces tecum, unanimously affirmed, without costs.

When plainitff obtained a prior order compelling defendant to produce documents, defendant’s response was a brief and conclusory statement that the documents were unavailable, whereupon the IAS court conditionally struck defendant’s answer unless it complied with the request or submitted a detailed affidavit by a person with…