Mendoza v City of New York

Mendoza v City of New York 2009 NY Slip Op 09077 [68 AD3d 482] December 8, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

Neftali Mendoza, Appellant,
v
City of New York et al., Respondents.

—[*1] Bader Yakaitis & Nonnenmacher, LLC, New York (John J. Nonnenmacher of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Norman Corenthal of counsel), for 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.

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]). Concur—Tom, J.P., Nardelli, Renwick and Freedman, JJ.