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Eileene Clarke v. Balfour Court

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS


February 18, 2011

EILEENE CLARKE,
APPELLANT,
v.
BALFOUR COURT, LP AND NORWAY ASSOCIATES, INC.,
RESPONDENTS.

Appeal from an order of the Civil Court of the City of New York, Kings County (Genine D. Edwards, J.), entered January 9, 2009.

Clarke v Balfour Ct., LP

Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports. Decided on February 18, 2011

PRESENT: GOLIA, J.P., PESCE and STEINHARDT, JJ

The order dismissed the complaint with prejudice.

ORDERED that the appeal is dismissed.

In this action by a tenant against her landlord and the landlord's managing agent, the Civil Court (Noach Dear, J.), by order entered December 9, 2008, directed plaintiff to provide responses to defendants' discovery requests; the order further provided that the action would be dismissed in the event of plaintiff's failure to comply with its terms. Without appealing from this order, plaintiff timely served a reply to defendants' discovery requests, but failed to turn over any documents to defendants. Following a compliance conference on January 9, 2009, the Civil Court (Genine D. Edwards, J.) dismissed the action with prejudice for plaintiff's failure to comply with the earlier discovery order, and plaintiff appeals from this order.

The compliance conference order, which did not decide a motion made on notice, was not appealable as of right (see CCA 1702 [2]). Consequently, plaintiff's appeal from the order entered January 9, 2009 is dismissed.

Golia, J.P., Pesce and Steinhardt, JJ., concur. Decision Date: February 18, 2011

20110218

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