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1591 SECOND AVE. LLC v. METROPOLITAN TRANSP. AUTH.

10199N, 161539/15.

176 A.D.3d 594 (2019)

108 N.Y.S.3d 864

2019 NY Slip Op 07706

1591 Second Avenue LLC et al., Appellants, v. Metropolitan Transportation Authority et al., Respondents.

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

Decided October 24, 2019.

Attorney(s) appearing for the Case

Greenberg, Trager & Herbst, LLP, New York ( Richard J. Lambert of counsel), for appellants.

Young & Yagerman, P.C., New York ( Louise M. Cherkis of counsel), for respondents.

Concur—Friedman, J.P., Kapnick, Oing, Singh, JJ.

Plaintiffs failed to conclusively demonstrate that defendants' actions relating to discovery warranted the drastic remedy of striking defendants' answer (see Henderson-Jones v City of New York, 87 A.D.3d 498, 504 [1st Dept 2011]). Defendants largely provided timely responses to the court's orders directing disclosure, and those responses generally evidenced a good-faith effort to meaningfully address plaintiffs' requests (cf....

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