Sean Mark Corrigan et al., Appellants, v New York City Transit Authority et al., Respondents.
Supreme Court, Appellate Division, First Department, New York
August 15, 2014
40 NYS3d 760
Michael D. Stallman, J.
While defendants failed to respond to certain discovery requests and to comply with certain aspects of discovery orders, upon our review of the record, we agree with the motion court’s conclusion that these failures were not wilful or contumacious or in bad faith and therefore did not warrant the drastic sanction of striking the answer or precluding defendants from offering evidence at trial (see Cespedes v Mike & Jac Trucking Corp., 305 AD2d 222 [1st Dept 2003]). In response to plaintiffs’ discovery demands, defendants produced, inter alia, photographs, reports, and correspondence prepared by both their employees and police officers who responded to the scene, maintenance and repair records and employee logs for 14 months preceding the accident, and 10 employees for depositions. Concur—Renwick, J.P., Moskowitz, Kapnick, Kahn and Gesmer, JJ.
