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RIPKA ROTTER & KING, LLP v. KAHN GORDON TIMKO & RODRIGUEZ, P.C.

4935N, 601796/08.

83 A.D.3d 613 (2011)

921 N.Y.S.2d 848

RIPKA ROTTER & KING, LLP, Appellant, v. KAHN GORDON TIMKO & RODRIGUEZ, P.C., et al., Defendants, and EDWARD A. LEMMO et al., Respondents.

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

Decided April 28, 2011.

The court's imposition of discovery sanctions pursuant to CPLR 3126 against plaintiff was improper, since plaintiff had not been afforded notice that such sanctions could result (see Cherokee Owners Corp. v DNA Contr., LLC, 74 A.D.3d 411, 411-412 [2010]; Warner v Houghton, 43 A.D.3d 376 [2007], affd 10 N.Y.3d 913 [2008]; see also Allstate Ins...

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