Imex Discovery Resources, Inc. v. Allstate Hosiery Mills, Inc.

Full title: IMEX DISCOVERY RESOURCES, INC., Respondent, v. ALLSTATE HOSIERY MILLS…

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

Date published: Dec 5, 1989

156 A.D.2d 137 (N.Y. App. Div. 1989)

548 N.Y.S.2d 183

Opinion

December 5, 1989

Appeal from the Supreme Court, New York County (Burton Sherman, J.).

The court properly exercised its discretion in imposing monetary sanctions for defendant's failure to provide responses to discovery notices. Defendant's explanation that the delay was the result of its president's death three months prior to service of the discovery notice was insufficient, especially because defendant failed to avail itself of statutory remedies provided for circumstances where timely response is impossible. The court was therefore fully justified in imposing the monetary sanctions. (Oppenheim Macnow v Worth, 103 A.D.2d 687.)

Concur — Ross, J.P., Asch, Milonas, Ellerin and Wallach, JJ.