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REYES v. RIVERSIDE PARK COMMUNITY (STAGE I), INC.

47 A.D.3d 599 (2008)

850 N.Y.S.2d 414

NAOMI REYES, as Mother and Natural Guardian of JESSICA REYES, Appellant, v. RIVERSIDE PARK COMMUNITY (STAGE I), INC., et al., Respondents, et al., Defendants.

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

Decided January 31, 2008.

Plaintiff's motion to strike defendants' answers was properly denied since there was no showing that defendants' conduct during discovery was willful, contumacious or in bad faith (see Dauria v City of New York, 127 A.D.2d 459 [1987]). Indeed, defendants complied with plaintiff's discovery requests and provided responses pursuant to these requests.

The motion court's determination on the remainder of the discovery order was...

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