Dedushaj v. 3175-77 Villa Avenue Housing Development Fund Corp.

Order, Supreme Court, Bronx County (Laura Douglas, J.), entered June 16, 2014, which granted plaintiff’s motion to preclude due to defendants’ discovery violations, unanimously modified, on the facts, to vacate the preclusion part of the order and, instead, impose sanctions on defendants in the amount of $5,000, and otherwise affirmed, without costs.

The record shows that defendants failed to comply with a conditional preclusion order directing them to produce an appropriate search affidavit. The affidavit defendants provided did not explain what efforts, if any, were made to preserve the…