(Download) "Ruth Spira v. Roger Antoine" by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Ruth Spira v. Roger Antoine
- Author : Supreme Court of New York
- Release Date : January 09, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Order, Supreme Court, New York County (Helen Freedman, J.), entered on or about September 18, 1992 which, to the extent appealed
from, denied plaintiff's motion to strike the answer of the now deceased defendant Panayotis Christopoulous, and the order
of said court and justice entered on or about April 27, 1991, which denied similar relief and ordered that plaintiff re-serve
written deposition questions, unanimously affirmed, without costs. Given the circumstances intervening between the initial demand for disclosure by defendant-respondent, including his illness
which was documented by a physician and substitition for plaintiff's decedent, we cannot say that the motion court abused
its discretion in evaluating such factors and in denying plaintiff's motion to strike the defendant-decedent's answer. Although,
CPLR 3126 provides for the imposition of sanctions for a deliberate or willful failure to comply with discovery (Jackson v
City of New York 185 A.D.2d 768, 586 N.Y.S.2d 952), it generally is within the discretion of the motion court to determine
the appropriate penalty to be imposed against an offending party (Lowitt v Korelitz 152 A.D.2d 506, 507, 544 N.Y.S.2d 14).
It would not be appropriate, at bar, for this Court to substitute its discretion for that of the justice sitting in the IAS
court. (See, Sawh v Bridges, 120 A.D.2d 74, 77, 507 N.Y.S.2d 632, appeal dismissed 69 N.Y.2d 852, 514 N.Y.S.2d 719, 507 N.E.2d
312).