Appellate Division of the Supreme Court of New York, 2008

Pezhman v. City of New York

Pezhman v. City of New York
Appellate Division of the Supreme Court of New York · Decided December 16, 2008
57 A.D.3d 326; 868 N.Y.2d 528
Pezhman v. City of New York

Opinion of the Court

Plaintiffs motion to strike defendants’ answer was properly denied in light of her failure to submit an affirmation detailing the good faith efforts that were taken to resolve the discovery disputes (see Chichilnisky v Trustees of Columbia Univ. in City of N.Y., 45 AD3d 393 [2007]; 22 NYCRR 202.7). Furthermore, plaintiff did not demonstrate that defendants’ conduct during discovery was willful, contumacious or in bad faith (see Palmenta v Columbia Univ., 266 AD2d 90, 91 [1999]) Concur— Andrias, J.R, Nardelli, Sweeny, DeGrasse and Freedman, JJ.

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