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MANGUAL v. NEW YORK CITY TRANSIT AUTHORITY

48 A.D.3d 212 (2008)

850 N.Y.S.2d 101

OLGA MANGUAL, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided February 5, 2008.

The court properly denied plaintiff's motion to strike defendant's answer since there was no showing that defendant's conduct during discovery was willful, contumacious or in bad faith (CPLR 3126; see Guzetti v City of New York, 32 A.D.3d 234 [2006]). Defendant was not obligated in the first instance to produce a witness of plaintiff's choosing for deposition (see Faber v New York City Tr. Auth., 177 A.D.2d...

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