Opinion
03-07-2017
MISRAHI REALTY CORP., Plaintiff–Appellant, v. 18 ORCHARD REALTY LLC, Defendant–Respondent.
Amos Weinberg, Great Neck, for appellant.
Amos Weinberg, Great Neck, for appellant.
Order, Supreme Court, New York County (Robert R. Reed, J.), entered on or about April 22, 2016, which denied plaintiff's motion to strike defendant's answer or, inter alia, compel defendant to respond to interrogatories, unanimously affirmed, without costs.
Supreme Court providently exercised its discretion in denying plaintiff's motion to strike the answer, since defendant's conduct was not shown to be willful, contumacious or due to bad faith (cf. Henderson–Jones v. City of New York, 87 A.D.3d 498, 504, 505, 928 N.Y.S.2d 536 [1st Dept.2011] ). Moreover, the branch of the motion seeking to compel was properly denied based on the motion court's determination that the numerous interrogatories, with subparts, were overbroad and burdensome (see Botsas v. Grossman, 7 A.D.3d 654, 655, 776 N.Y.S.2d 519 [2d Dept.2004] ; Editel, New York v. Liberty Studios, 162 A.D.2d 345, 345, 557 N.Y.S.2d 21 [1st Dept.1990] ; see also Uniform Rules for Trial Courts [22 NYCRR] § 202.70 [g], Rule 11–a[a] ).
ACOSTA, J.P., RICHTER, MANZANET–DANIELS, GISCHE, WEBBER, JJ., concur.