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JONES v. FEGS-WECARE/HUMAN RESOURCES, NYC

Index No. 401917/13. Appeal No. 13825. Case No. 2020-04579.

194 A.D.3d 523 (2021)

143 N.Y.S.3d 869

2021 NY Slip Op 03116

Shalaine Y. Jones, Appellant, v. FEGS-WeCARE/Human Resources, NYC, Respondent.

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

Decided May 13, 2021.

Attorney(s) appearing for the Case

Shalaine Y. Jones, appellant pro se.

Aaronson Rappaport Feinstein & Deutsch, LLP, New York ( Steven C. Mandell of counsel), for respondent.

Concur—Renwick, J.P., Manzanet-Daniels, Kennedy, Shulman, JJ.

The complaint was properly dismissed based on plaintiff's failure to comply with a prior court order dated April 23, 2019, which had directed her to answer questions about the period from August 2012 to the present (see Orner v Mount Sinai Hosp., 305 A.D.2d 307, 309 [1st Dept 2003]). Contrary to plaintiff's contention, records exchanged during discovery may be used at, and are proper topics...

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