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BOYLE v. CITY OF NEW YORK

291 A.D.2d 315 (2002)

738 N.Y.S.2d 324

THOMAS M. BOYLE, Respondent-Appellant, v. CITY OF NEW YORK, Respondent, and JOSE CARRO et al., Appellants-Respondents, et al., Defendants. THOMAS M. BOYLE, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided February 21, 2002.

We deem defendant-appellants' motion for summary judgment to have been made on behalf of defendant Rodriguez as well as defendants Carro and Ibiza Restaurant, and find that the motion court properly refused to entertain it some 10 months after Rodriguez's answer had been reinstated (CPLR 3212 [a]). The conditional sanction imposed on defendant Rodriguez for his failure to appear at deposition was also a proper exercise of discretion. Plaintiff's motion to sanction defendant...

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