Opinion
8422N Index 153466/13 154401/13 453015/15
02-14-2019
The BOARD OF MANAGERS OF the 184 THOMPSON CONDOMINIUM, Plaintiff-Appellant, v. B. GELLER RESTORATION, INC., Defendant–Respondent. [And Other Actions]
Adam Leitman Bailey, P.C., New York (Jeffrey R. Metz of counsel), for appellant. Camacho Mauro Mulholland, LLP, New York (Yashana McAuley–Parrish of counsel), for respondent.
Adam Leitman Bailey, P.C., New York (Jeffrey R. Metz of counsel), for appellant.
Camacho Mauro Mulholland, LLP, New York (Yashana McAuley–Parrish of counsel), for respondent.
Friedman, J.P., Sweeny, Webber, Kahn, Kern, JJ.
The motion court did not abuse its discretion by denying plaintiff's motion (see Those Certain Underwriters at Lloyds, London v. Occidental Gems, Inc. , 11 N.Y.3d 843, 845, 873 N.Y.S.2d 239, 901 N.E.2d 732 [2008] ). The record establishes that a material item of discovery (i.e., the project file) was omitted from defendant's initial response to plaintiff's discovery demand. Defendant's omission does not establish that it acted in bad faith or that its conduct was willful or contumacious. Once plaintiff specifically requested the project file, it was produced within a month. Moreover, there is no evidence that plaintiff was prejudiced by defendant's conduct, and defendant complied with all other discovery demands.