JIMENEZ v. CITY OF NEW YORK


290 A.D.2d 321 (2002)

736 N.Y.S.2d 219

RAMON JIMENEZ, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided January 17, 2002.


In light of the reasonable excuse provided by defendant City for failing timely to comply with court-ordered discovery, the strong public policy favoring resolution of disputes on their merits, the lack of prejudice to plaintiff, and the absence of any willful or contumacious conduct on the City's part, the motion court properly exercised its discretion by extending the City's time for compliance (see, Green v Mohamed, 275 A.D.2d 599

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