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LONGO v. ARMOR ELEVATOR CO., INC.

307 A.D.2d 848 (2003)

763 N.Y.S.2d 597

FRANCESCA LONGO, Respondent, v. ARMOR ELEVATOR CO., INC., Respondent, and 600 THIRD AVENUE ASSOCIATES et al., Appellants. (Action No. 1.) MICHELE C. PETITT et al., Respondents-Appellants, v. ARMOR KONE ELEVATOR CO., INC., Respondent, and 600 THIRD AVENUE ASSOCIATES et al., Appellants-Respondents. MICHELE C. PETITT et al., Appellants, v. ARMOR KONE ELEVATOR CO., INC., Defendant, and 600 THIRD AVENUE ASSOCIATES et al., Respondents. (Action No. 2.)

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

Decided August 21, 2003.

The challenged resolving order (CPLR 3126 [1]) was an appropriate disclosure sanction for the Building defendants' repeated and continuing failure to produce documents that they were ordered to produce in a decision of this Court on a previous appeal (278 A.D.2d 127, 129 [2000]), or to adequately explain their inability to do so (see Kihl v Pfeffer, 94 N.Y.2d 118, 123 [1999]; Jackson v City...

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