Legal Opinion
Elias v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided August 25, 2011PublishedCited by 8 opinions
1Opinion of the Court
*514Although we previously directed defendant to comply fully with the outstanding discovery requests and ordered it to pay plaintiff $7,500 as a penalty for the delay in complying (Elias v City of New York, 71 AD3d 506 [2010]), defendant has still failed to comply fully. Over a three-year period, the City has repeatedly failed to provide discovery, despite nine court orders and sanctions imposed by this Court. These circumstances “create[ ] an inference of willful and contumacious conduct” (Brewster v FTM Servo, Corp., 44 AD3d 351, 352 [2007]) and warrant the ultimate sanction of striking…
2Cases cited3 opinions
- Brewster v. FTM Servo, Corp.Appellate Division of the Supreme Court of the State of New York · 2007
- Byam v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009
- Elias v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by8 opinions
- Quezada v. Mensch Management Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- McHugh v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
- Garguilo v. Port Auth. of N.Y. & N.J.Appellate Division of the Supreme Court of the State of New York · 2016
- Barlow v. SkroupaAppellate Division of the Supreme Court of the State of New York · 2023
- Barlow v. SkroupaAppellate Division of the Supreme Court of the State of New York · 2023
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