Singer v New York City Tr. Auth.

Singer v New York City Tr. Auth. 2009 NY Slip Op 07956 [67 AD3d 440] November 5, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 6, 2010

Celia Singer, Individually and as Executrix of Philip Singer, Deceased, Appellant,
v
New York City Transit Authority, Appellant.

—[*1] Ginsberg & Broome, P.C., New York (Alvin H. Broome of counsel), for appellant.

Wallace D. Gossett, Brooklyn (Lawrence Heisler of counsel), for respondent.

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.

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. Concur—Sweeny, J.P., Buckley, Catterson, Acosta and Freedman, JJ.