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CARAS v. GEORGE COMFORT & SONS, INC.

Index No. 152645/15. Appeal No. 14585. Case No. 2020-04400.

199 A.D.3d 445 (2021)

154 N.Y.S.3d 234

2021 NY Slip Op 06075

Keith Caras, Plaintiff, v. George Comfort & Sons, Inc., et al., Defendants. George Comfort & Sons, Inc., et al., Third-Party Plaintiffs-Respondents, v. Forest Electric Corp., Third-Party Defendant-Appellant.

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

Decided November 9, 2021.

Attorney(s) appearing for the Case

London Fischer LLP, New York ( Kyle T. McEwen of counsel), for appellant.

Cullen and Dykman LLP, New York ( Christopher Ruggiero of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Oing, Moulton, Scarpulla, JJ.

The motion court providently exercised its discretion in declining to sanction defendants for failing to identify or produce a project manager whose affidavits they had submitted in support of a July 2019 summary judgment motion and a June 2020 reconsideration motion (see Henderson-Jones v City of New York, 87 A.D.3d 498, 504 [1st Dept 2011]; Fish & Richardson, P.C. v Schindler, 75 A.D.3d 219

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