Legal Opinion
Pezhman v. Department of Education
Appellate Division of the Supreme Court of the State of New York
Decided May 15, 2012PublishedCited by 8 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered December 14, 2011, which denied plaintiffs motion to strike defendants’ answer, unanimously affirmed, without costs.
Plaintiff failed to “show[ ] conclusively that [defendants’] failure to disclose was willful, contumacious or due to bad faith” (Dauria v City of New York, 127 AD2d 459, 460 [1987]). For example, defendants are not in possession of nonparty Shirley Hood’s mentoring logs, nor can defendants control whether Hood, who is no longer employed by defendant Department of Education, contacts them. “The willful…
2Cases cited3 opinions
- Hecht v. City of New YorkNew York Court of Appeals · 1983
- Dauria v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1987
- Mohammed v. Command Security Corp.Appellate Division of the Supreme Court of the State of New York · 2011
3Cited by8 opinions
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- Law Offices of Russell I. Marnell v. SanabriaAppellate Division of the Supreme Court of the State of New York · 2017
- McMahon v. Cobblestone Lofts CondominiumAppellate Division of the Supreme Court of the State of New York · 2015
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