Pezhman v Department of Educ. of the City of N.Y.

Pezhman v Department of Educ. of the City of N.Y. 2010 NY Slip Op 09192 [79 AD3d 543] December 14, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 16, 2011

Anna Pezhman, Appellant,
v
Department of Education of the City of New York et al., Respondents.

—[*1] Anna Pezhman, appellant pro se.

Michael A. Cardozo, Corporation Counsel, New York (Julie Steiner of counsel), for respondents.

Order, Supreme Court, New York County (Karen S. Smith, J.), entered August 23, 2010, which denied plaintiff's motion to strike defendants' answer, unanimously affirmed, without costs.

Plaintiff failed to carry her burden of clearly demonstrating that defendants' failure to comply with disclosure obligations was willful, contumacious or in bad faith (compare Palmenta v Columbia Univ., 266 AD2d 90, 91 [1999], with Rodriguez v United Bronx Parents, Inc., 70 AD3d 492 [2010]). Plaintiff also failed to file the affirmation of good faith required by 22 NYCRR 202.7 (see 148 Magnolia, LLC v Merrimack Mut. Fire Ins. Co., 62 AD3d 486 [2009]). Concur—Tom, J.P., Andrias, Saxe, Freedman and Manzanet-Daniels, JJ.