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MARRERO v. CITY OF NEW YORK

287 A.D.2d 298 (2001)

731 N.Y.S.2d 361

VIRGINIA MARRERO et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

Decided October 11, 2001.

In this medical malpractice/wrongful death action, the motion court properly exercised its discretion in denying plaintiffs' motion to strike defendants' answer since the record before the court did not justify the inference that defendants' failure to complete discovery had been willful, contumacious or in bad faith (see, Tsai v Hernandez, 284 A.D.2d 116). Notably, the delay about which plaintiffs complain was initially attributable...

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