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PEREZ v. NEW YORK CITY TRANSIT AUTHORITY

2560N, 107290/06

73 A.D.3d 529 (2010)

901 N.Y.S.2d 38

HECTOR PEREZ, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents.

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

Decided May 13, 2010.

The drastic sanction of striking a pleading is inappropriate without a showing that failure to comply with disclosure obligations was wilful, contumacious or in bad faith (Cespedes v Mike & Jac Trucking Corp., 305 A.D.2d 222 [2003]). While defendants did not timely comply with the court-ordered deadlines, there has been no clear showing that such failure was so motivated. Morever, plaintiff has failed to demonstrate how...

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