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Callaghan v. Curtis

Appellate Division of the Supreme Court of New York, Second Department
Mar 8, 2011
82 A.D.3d 818 (N.Y. App. Div. 2011)

Opinion

No. 2010-06194.

March 8, 2011.

In an action to recover damages for legal malpractice, the plaintiff appeals from an order of the Supreme Court, Westchester County (Scheinkman, J.), entered June 8, 2010, which, upon the defendants' motion pursuant to CPLR 3126 to strike her reply to their counterclaims, inter alia, precluded her from offering any documents at trial.

Jeffrey Levitt, Amityville, N.Y., for appellant.

Curtis Associates, P.C., New York, N.Y. (W. Robert Curtis, respondent pro se of counsel), respondent pro se.

Before:Dillon, J.P., Dickerson, Hall and Roman, JJ.


Ordered that the order is affirmed, with costs.

"[A] trial court is given broad discretion to oversee the discovery process" ( Castillo v Henry Schein, Inc., 259 AD2d 651, 652). Here, the plaintiff clearly violated a prior order of the Supreme Court by failing to bring certain documents to her deposition. Her attorney also made extensive "speaking objections" during the deposition, and the plaintiff herself repeatedly refused to answer clear questions. We conclude that the Supreme Court providently exercised its discretion, upon the defendants' motion pursuant to CPLR 3126 to strike her reply to their counterclaims, by, inter alia, precluding the plaintiff from offering any documents at trial ( see e.g. O'Neill v Ho, 28 AD3d 626, 627).

The plaintiffs remaining contentions are without merit.


Summaries of

Callaghan v. Curtis

Appellate Division of the Supreme Court of New York, Second Department
Mar 8, 2011
82 A.D.3d 818 (N.Y. App. Div. 2011)
Case details for

Callaghan v. Curtis

Case Details

Full title:JANET CALLAGHAN, Appellant, v. W. ROBERT CURTIS et al., Respondents

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

Date published: Mar 8, 2011

Citations

82 A.D.3d 818 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 1786
918 N.Y.S.2d 379