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MARTE v. CITY OF NEW YORK

8233N, 113275/02.

102 A.D.3d 557 (2013)

957 N.Y.S.2d 864

2013 NY Slip Op 387

ELVIN MARTE, Appellant, v. CITY OF NEW YORK, Respondent. (And a Third-Party Action.)

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

Decided January 24, 2013.

Discovery sanctions were inappropriate because plaintiff waived his right to challenge deficiencies in defendant's responses to discovery orders by filing a note of issue and certificate of readiness representing that all discovery had been completed and that there were no outstanding discovery requests (see Rivera-Irby v City of New York, 71 A.D.3d 482, 482 [1st Dept 2010]; Escourse v City of New York, 27...

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