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GLASER v. CITY OF NEW YORK

3935N, 17633/05.

79 A.D.3d 600 (2010)

912 N.Y.S.2d 221

EDITH GLASER et al., Appellants, v. CITY OF NEW YORK et al., Respondents, et al., Defendants.

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

Decided December 21, 2010.

The motion court properly found that the City defendants (the City) did not engage in willful and contumacious conduct in failing to produce records reflecting a street repair made at the location of injured plaintiff's fall (see generally CPLR 3126; Catarine v Beth Israel Med. Ctr., 290 A.D.2d 213, 215 [2002]). The record reflects that the City adequately responded to discovery demands, albeit in response to several...

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