Davis v. City of New York

Full title: BOYD DAVIS, Appellant, v. CITY OF NEW YORK, Respondent

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 28, 1994

205 A.D.2d 442 (N.Y. App. Div. 1994)

613 N.Y.S.2d 898

Opinion

June 28, 1994

Appeal from the Supreme Court, New York County (Martin Schoenfeld, J.).

While it was not an abuse of discretion for the IAS Court to refuse to order the drastic remedy of striking defendant's answer, in light of defendant's inexcusable delay in providing discovery and its repeated failure to appear for deposition in violation of court orders, some sanction should have been imposed as recompense for the cost of the multiple motions necessitated by defendant's dilatory and obstructive conduct. Accordingly, the order is modified to the extent of imposing costs on respondent in the sum of $1000, payable to plaintiff's counsel.

Concur — Rosenberger, J.P., Ellerin, Kupferman, Nardelli and Tom, JJ.