Harris v. Evans

Full title: DUANE HARRIS, Respondent, v. THOMAS EVANS, Appellant

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

Date published: Oct 20, 1992

186 A.D.2d 454 (N.Y. App. Div. 1992)

588 N.Y.S.2d 562

Opinion

October 20, 1992

Appeal from the Supreme Court, New York County (Charles E. Ramos, J.).

We find that the IAS Court did not abuse its discretion in conditionally granting the order of preclusion upon payment of a monetary sanction by plaintiff's counsel where the plaintiff's approximately three week delay in timely complying with the conditional order of preclusion was implicitly found by the court to be neither willful, deliberate or contumacious (see, Scanlon v Rhodes School, 76 A.D.2d 813; Grace v Grace, 74 A.D.2d 896).

Concur — Sullivan, J.P., Milonas, Rosenberger, Ross and Asch, JJ.