RIZZO v. GMES, LLC

2019-02291. Index No. 5302/15.

190 A.D.3d 995 (2021)

136 N.Y.S.3d 890

2021 NY Slip Op 00444

Frank Rizzo, Appellant, v. GMES, LLC, et al., Respondents.

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

Decided January 27, 2021.


Attorney(s) appearing for the Case

Gold, Benes, LLP, Bellmore, NY ( Christopher J. Benes and Karen C. Higgins of counsel), for appellant.

Kennedys CMK, New York, NY ( Nitin Sain of counsel), for respondent GMES, LLC.

Law Offices of Tromello and Fishman, Melville, NY ( Emily E. Shearer of counsel), for respondent Dutton-Lainson Company.

Mastro, A.P.J., Austin, Miller and Connolly, JJ., concur.


Ordered that the order entered January 16, 2019, is affirmed, with one bill of costs.

The plaintiff commenced this action to recover damages for personal injuries in June 2015. From the outset of the litigation, the plaintiff was delinquent in providing discovery responses, and repeatedly submitted late, incomplete, and/or incoherent discovery responses, which required the defendants to file multiple discovery demands and motions to compel. At a compliance conference...

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