Lopez v. New York City Transit Authority
Opinion of the Court
Order, Supreme Court, New York County (Michael D. Stall-man, J.), entered April 30, 2010, which, in this personal injury action, denied defendant’s motion for an order holding plaintiff in contempt for his alleged failure to comply with a preliminary conference order, unanimously affirmed, without costs.
Supreme Court providently exercised its discretion in denying the motion. Plaintiff demonstrated a good faith effort to comply
We note that while Supreme Court is vested with the power to adjudicate a party in contempt (Judiciary Law § 753 [A]), it is. nonetheless a drastic remedy rarely to be used in the context of ordinary discovery disputes (Oak Beach Inn Corp. v Babylon Beacon, 62 NY2d 158, 166 [1984] [“contempt is not a penalty enumerated in CPLR 3126 and the court must resort to other more general provisions of the law in the rare instances where it may be necessary to hold a person in contempt for failure to make disclosure in a civil case”]). The Transit Authority’s resort to a contempt motion on a routine discovery dispute absent application for any other remedy under CPLR 3126 is wholly inexplicable and equally meritless.
We have considered defendant’s remaining contentions and find them unavailing. Concur — Tom, J.P., Catterson, Moskowitz, Freedman and Richter, JJ.
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