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ELIAS v. CITY OF NEW YORK

2370N, 107664/07

71 A.D.3d 506 (2010)

896 N.Y.S.2d 343

LEWIS ELIAS, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided March 16, 2010.

While mere lack of diligence in furnishing some of the requested materials may not be grounds for striking a pleading, monetary sanctions are warranted by defendant's repeated delays and repeated failure to comply with discovery orders (see Gradaille v City of New York, 52 A.D.3d 279 [2008]; Postel v New York Univ. Hosp., 262 A.D.2d 40, 42 [1999]). Given its past delays and failure...

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