Reyes v. Riverside Park Community
Opinion of the Court
Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered May 18, 2007, which, insofar as appealed from in an action for personal injuries, denied plaintiffs motions to strike the answers of defendants, provide a certain discovery, and to impose sanctions, unanimously affirmed, without costs.
Plaintiffs motion to strike defendants’ answers was properly denied since there was no showing that defendants’ conduct during discovery was willful, contumacious or in bad faith (see Dauria v City of New York, 127 AD2d 459 [1987]). Indeed, defendants complied with plaintiffs discovery requests and provided responses pursuant to these requests.
The motion court’s determination on the remainder of the discovery order was a provident exercise of discretion. The full disclosure requirement of CPLR 3101 (a) is subject to a test of “usefulness and reason” (Allen v Crowell-Collier Publ. Co., 21 NY2d 403, 406 [1968]), and the documents sought by plaintiff,
Plaintiffs application for sanctions was appropriately denied where the affirmation of good faith submitted in support failed to detail the good faith effort to resolve the discovery disputes (22 NYCRR 202.7 [a] [2]; see also Cerreta v New Jersey Tr. Corp., 251 AD2d 190 [1998]). Concur—Andrias, J.P., Nardelli, Williams, Catterson and Moskowitz, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.