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PEZHMAN v. CITY OF NEW YORK

57 A.D.3d 326 (2008)

868 N.Y.S.2d 528

ANNA PEZHMAN, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

December 16, 2008.

Plaintiff's motion to strike defendants' answer was properly denied in light of her failure to submit an affirmation detailing the good faith efforts that were taken to resolve the discovery disputes (see Chichilnisky v Trustees of Columbia Univ. in City of N.Y., 45 A.D.3d 393 [2007]; 22 NYCRR 202.7). Furthermore, plaintiff did not demonstrate that defendants' conduct during discovery was willful, contumacious or in bad faith (

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