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Mendoza v. City of New York

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


December 8, 2009

NEFTALI MENDOZA, PLAINTIFF-APPELLANT,
v.
THE CITY OF NEW YORK, ET AL., DEFENDANTS-RESPONDENTS.

Order, Supreme Court, New York County (Paul G. Feinman, J.), entered December 17, 2007, which granted plaintiff's motion to strike defendants' answer only to the extent of directing defendants to disclose requested discovery materials within 45 days or be precluded from contesting liability, 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.

Tom, J.P., Nardelli, Renwick, Freedman, JJ.

115242/03

The drastic sanction sought by plaintiff was properly denied for failure to show that defendants' delays in meeting its disclosure obligations were willful and contumacious (see Mangual v New York City Tr. Auth., 48 AD3d 212 [2008]).

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

20091208

© 1992-2009 VersusLaw Inc.



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