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NUGENT v. CITY OF NEW YORK

155991/12. Appeal No. 12725N. Case No. 2020-02057.

189 A.D.3d 631 (2020)

134 N.Y.S.3d 705

2020 NY Slip Op 07715

Symonette Nelson Nugent, Appellant, v. City of New York et al., Respondents, et al., Defendants.

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

Decided December 22, 2020.

Attorney(s) appearing for the Case

Elefterakis, Elefterakis & Panek, New York ( Eileen Kaplan of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York ( Diana Lawless of counsel), for The City of New York, The New York Department of Transportation and The New York City Department of Environmental Protection, respondents.

Heidell, Pittoni, Murphy & Bach, LLP, Garden City ( Daniel Lei of counsel), for Consolidated Edison Inc., respondent.

Concur—Acosta, P.J., Oing, Scarpulla, Mendez, JJ.

Contrary to the City's contention, plaintiff's failure to submit an affirmation of good faith on her motion to strike the City's answer based on discovery failures was not fatal, in light of plaintiff's counsel's affirmation showing that the issue of whether the City's undisputedly late disclosures were willful, contumacious, or due to bad faith would not be resolved between the parties (see Northern Leasing Sys., Inc. v Estate of Turner, 82 A.D.3d...

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