Legal Opinion

Figueroa v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided June 23, 2015PublishedCited by 2 opinions

1Opinion of the Court

*597Order, Supreme Court, Bronx County (Mitchell J. Danziger, J.), entered March 13, 2015, which denied plaintiffs’ motion to strike defendants’ answer for failing to comply with discovery orders, unanimously affirmed, without costs.

The court providently exercised its discretion in denying the motion to strike and warning defendants that failure to appear at depositions could result in additional sanctions (see Palmenta v Columbia Univ., 266 AD2d 90, 91 [1st Dept 1999]). While it is true that defendants failed to comply with three discovery orders and to submit to depositions on multiple…

2Cases cited2 opinions

  1. Palmenta v. Columbia UniversityAppellate Division of the Supreme Court of the State of New York · 1999
  2. McGilvery v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by2 opinions

  1. Hopkins v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2019
  2. Stuckey v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2026

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