Pezhman v. City of N.Y

Full title: ANNA PEZHMAN, Appellant, v. CITY OF NEW YORK et al., Respondents

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

Date published: Dec 16, 2008

57 A.D.3d 326 (N.Y. App. Div. 2008)

868 N.Y.S.2d 528

Opinion

December 16, 2008.

Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered June 26, 2008, which, in an action by a probationary teacher against defendants for defamation, denied plaintiff's motion to strike defendants' answer and granted defendants' cross motion for an order directing that a preliminary conference be held, unanimously affirmed, without costs.

Before: Andrias, J.P., Nardelli, Sweeny, DeGrasse and Freedman, JJ.

Plaintiffs motion to strike defendants' answer was properly denied in light of her failure to submit an affirmation detailing the good faith efforts that were taken to resolve the discovery disputes ( see Chichilnisky v Trustees of Columbia Univ. in City of N.Y., 45 AD3d 393; 22 NYCRR 202.7). Furthermore, plaintiff did not demonstrate that defendants' conduct during discovery was willful, contumacious or in bad faith ( see Palmenta v Columbia Univ., 266 AD2d 90, 91)