Opinion
15909 Index No. 20166/13E Case No. 2021-01909
05-10-2022
Fatima SKURIC, Plaintiff–Appellant, v. MONTEFIORE MEDICAL CENTER –JACK D. WEILER HOSPITAL OF ALBERT EINSTEIN COLLEGE DIVISION, Defendant–Respondent.
C. Robinson & Associates, LLC, New York (W. Charles Robinson of counsel), for appellant. Aaronson Rappaport Feinstein & Deutsch, LLP, New York (Patrick P. Mevs of counsel), for respondent.
C. Robinson & Associates, LLC, New York (W. Charles Robinson of counsel), for appellant.
Aaronson Rappaport Feinstein & Deutsch, LLP, New York (Patrick P. Mevs of counsel), for respondent.
Webber, J.P., Singh, Moulton, Kennedy, Rodriguez, JJ.
Order, Supreme Court, Bronx County (John R. Higgitt, J.), entered April 26, 2021, which, to the extent appealed from as limited by the briefs, denied plaintiff's motion to strike defendant's answer pursuant to CPLR 3216, unanimously affirmed, without costs.
Contrary to plaintiff's contention that defendant's answer should be stricken for failure to provide complete and proper responses to discovery demands and to comply with discovery orders and stipulations, defendant's actions in discovery do not evince the willfulness or contumaciousness or bad faith that would warrant such a drastic remedy (see Henderson–Jones v. City of New York, 87 A.D.3d 498, 504, 928 N.Y.S.2d 536 [1st Dept. 2011] ). Contrary to plaintiff's further contention, the court did not improperly reverse or overrule any prior findings or determinations. We have considered plaintiff's remaining contentions and find them unavailing.