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CORRIGAN v. NEW YORK CITY TRANSIT AUTHORITY

2196N, 106473/11.

144 A.D.3d 495 (2016)

2016 NY Slip Op 07594

40 N.Y.S.3d 760

SEAN MARK CORRIGAN et al., Appellants, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents.

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

Decided November 15, 2016.

While defendants failed to respond to certain discovery requests and to comply with certain aspects of discovery orders, upon our review of the record, we agree with the motion court's conclusion that these failures were not wilful or contumacious or in bad faith and therefore did not warrant the drastic sanction of striking the answer or precluding defendants from offering evidence at trial (see Cespedes v Mike & Jac Trucking...

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