Barahona v. Trustees of Columbia University

OPINION OF THE COURT

Donald Scott Kurtz, J.

*1036Defendant moves pursuant to CPLR 3122, 3124 and 3126 to compel production of discovery or preclude plaintiff or strike plaintiff’s complaint for failure to comply with its discovery demand.

Plaintiff claims that he was performing construction work on defendant’s premises on May 18, 2001. The complaint alleges that defendant violated Labor Law §§ 200, 240 (1) and § 241 (6) and that plaintiff sustained personal injury as a result thereof. In the course of discovery, defendant conducted plaintiffs examination before trial on April 22, 2004. However,…