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Singer v. New York City Transit Authority

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


November 5, 2009

CELIA SINGER, ETC., PLAINTIFF-APPELLANT,
v.
THE NEW YORK CITY TRANSIT AUTHORITY, DEFENDANT-APPELLANT.

Order, Supreme Court, New York County (Joan B. Carey, J.), entered April 22, 2009, which denied plaintiff's motion to impose sanctions on defendant, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Sweeny, J.P., Buckley, Catterson, Acosta, Freedman, JJ.

107499/06

Supreme Court providently exercised its discretion in denying plaintiff's motion for sanctions, which was brought eight months after the trial had concluded with a verdict in plaintiff's favor. While the trial court had stated that plaintiff could move for sanctions "whenever [she] wish[ed] to," this remark did not provide plaintiff with an unlimited period of time to bring the motion, and as the court found, the eight-month delay was unreasonable.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20091105

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