Legal Opinion
Banner v. New York City Housing Authority
Appellate Division of the Supreme Court of the State of New York
Decided May 11, 2010PublishedCited by 6 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Marcy S. Fried*503man, J.), entered November 27, 2009, which, inter alia, denied plaintiffs’ motion to strike defendant’s answer for noncompliance with disclosure orders, on condition that defendant produce an employee for deposition by a certain date, unanimously affirmed, without costs.
The drastic sanction of striking a pleading is inappropriate absent a clear showing that the failure to comply with discovery directives was willful, contumacious or the result of bad faith (see Delgado v City of New York, 47 AD3d 550 [2008]; Cespedes v Mike & Jac Trucking…
2Cases cited4 opinions
- Catarine v. Beth Israel Medical CenterAppellate Division of the Supreme Court of the State of New York · 2002
- Cespedes v. Mike & Jac Trucking Corp.Appellate Division of the Supreme Court of the State of New York · 2003
- Delgado v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2008
- Rosen v. CorvalonAppellate Division of the Supreme Court of the State of New York · 2003
3Cited by6 opinions
- McGlone v. Port AuthorityAppellate Division of the Supreme Court of the State of New York · 2011
- Ayala v. Lincoln Medical & Mental Health CenterAppellate Division of the Supreme Court of the State of New York · 2012
- Nieves v. Citizens Advice Bureau Jackson Avenue Family ResidenceAppellate Division of the Supreme Court of the State of New York · 2016
- Filatava v. Rome Realty Group LLCAppellate Division of the Supreme Court of the State of New York · 2012
- W&W Glass, LLC v. 1113 York Avenue Realty Co.Appellate Division of the Supreme Court of the State of New York · 2011
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