| Elias v City of New York |
| 2010 NY Slip Op 02013 [71 AD3d 506] |
| March 16, 2010 |
| Appellate Division, First Department |
| Lewis Elias, Appellant, v City of New York,Respondent. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York (Susan Choi-Hausman of counsel), forrespondent.
Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered July 16, 2009,which granted plaintiff's motion for sanctions for failure to comply with discovery requests, butonly to the extent of directing defendant to comply with yet outstanding discovery requestswithin 30 days, unanimously modified, on the law and the facts, defendant directed to complyfully with the outstanding requests and to pay plaintiff $7,500 as a penalty for the delay incomplying, and otherwise affirmed, without costs.
While mere lack of diligence in furnishing some of the requested materials may not begrounds for striking a pleading, monetary sanctions are warranted by defendant's repeated delaysand repeated failure to comply with discovery orders (see Gradaille v City of New York, 52 AD3d 279 [2008]; Postelv New York Univ. Hosp., 262 AD2d 40, 42 [1999]). Given its past delays and failure toobject to discovery at the last two compliance conferences, defendant must supply a full andcomplete response to both discovery demands. Concur—Tom, J.P., Sweeny, Catterson,Moskowitz and DeGrasse, JJ.