Opinion
570368/05, 05-231.
Decided May 16, 2006.
Plaintiffs appeal from an order of the Civil Court, Bronx County (Sharon A.M. Aarons, J.), dated March 23, 2005, which granted defendants' motion to dismiss plaintiff Santiago Grullon's claims against them for failure to comply with a compliance conference order.
Order (Sharon A.M. Aarons, J.), dated March 23, 2005, reversed, without costs, and plaintiff Santiago Grullon's claims against defendants are reinstated.
PRESENT: McCOOE, J.P., GANGEL-JACOB, J.
The drastic sanction of dismissing plaintiff Grullon's claims against defendants based on Grullon's failure to comply with the compliance conference order directing his deposition was unwarranted, in the absence of a showing that his actions were willful or contumacious ( see Corner Realty 30/7 v. Bernstein Mgmt. Corp., 249 AD2d 191). Defendants have not demonstrated or even alleged that they were prejudiced by the delay ( see Cooper v. Shepherd, 280 AD2d 337) and to the extent that Grullon's noncompliance resulted in a preclusion order, defendants failed to demonstrate that Grullon cannot otherwise establish a prima facie case of negligence.This constitutes the decision and order of the court.