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BLACK v. BRONX LEBANON SPECIAL CARE CENTER, INC.

273 A.D.2d 82 (2000)

710 N.Y.S.2d 879

ROBERT S. BLACK, as Administrator of the Estate of BENNIE R. WOOTEN, Deceased, Appellant, v. BRONX LEBANON SPECIAL CARE CENTER, INC., Respondent, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided June 13, 2000.

Although defendant Bronx Lebanon delayed in producing certain witnesses for deposition, the court properly exercised its discretion (see, Cherry v Herbert & Co., 212 A.D.2d 203, 209) in denying plaintiff's motion pursuant to CPLR 3126 to strike Bronx Lebanon's answer, since there was no showing that its delay was the product of willful or contumacious conduct (see, Hanson v City of New York, 227 A.D.2d...

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