From Casetext: Smarter Legal Research

Johnson v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Dec 3, 1992
188 A.D.2d 302 (N.Y. App. Div. 1992)

Opinion

December 3, 1992

Appeal from the Supreme Court, Bronx County (Herbert Shapiro, J.).


We agree with the IAS Court's assessment that defendants' repeated failures to locate and produce former Officer Maurer, now employed by the New York City Fire Department, for deposition, is "inexcusable" and find no abuse of discretion in its setting the matter down for an assessment of damages after striking defendants' answer for their failure to comply, without a justifiable explanation, with two prior court orders. Nowhere in this record is there any indication of any action on the part of defendants to produce Officer Maurer or any of the other three witnesses to the occurrence. In the absence of an adequate excuse therefor, a court may reasonably infer that a party's repeated failure to appear for court ordered depositions or to comply with disclosure requests constitutes willful and contumacious conduct (see, Chase Manhattan Bank v Abad, 131 A.D.2d 312).

Concur — Sullivan, J.P., Milonas, Ellerin and Kassal, JJ.


Summaries of

Johnson v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Dec 3, 1992
188 A.D.2d 302 (N.Y. App. Div. 1992)
Case details for

Johnson v. City of New York

Case Details

Full title:ROBERT M. JOHNSON, Respondent, v. CITY OF NEW YORK et al., Appellants, et…

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

Date published: Dec 3, 1992

Citations

188 A.D.2d 302 (N.Y. App. Div. 1992)
590 N.Y.S.2d 485

Citing Cases

Swadi-Chuto v. City of N.Y.

"[I]t is well settled that the drastic remedy of striking a party's pleading pursuant to CPLR 3126 for…

Stark v. Matchett

Courts may infer a willful and contumacious noncompliance from the party's "failure to comply with court…