| Knoch v City of New York |
| 2013 NY Slip Op 05557 [109 AD3d 459] |
| August 7, 2013 |
| Appellate Division, Second Department |
| Mary Lou Knoch, Appellant, v City of New York,Respondent. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Edward F.X. Hart andJulie Steiner of counsel), for respondent.
In an action to recover damages for personal injuries, the plaintiff appeals, as limitedby her brief, from so much of an order of the Supreme Court, Kings County (Kurtz, J.),dated September 6, 2012, as denied that branch of her motion pursuant to CPLR 3126which was to impose a monetary sanction upon the defendant for failure to providediscovery and granted that branch of the motion which was for an award of costs only tothe extent of awarding her costs in the sum of $100.
Ordered that the order is modified, on the facts and in the exercise of discretion, bydeleting the provision thereof denying that branch of the plaintiff's motion which was toimpose a monetary sanction upon the defendant, and substituting therefor a provisiongranting that branch of the motion to the extent of imposing a monetary sanction uponthe defendant in the sum of $2,500 payable to the plaintiff's counsel; as so modified, theorder is affirmed insofar as appealed from, with costs to the plaintiff.
The defendant did not begin to produce evidence crucial to the prosecution of thiscase until more than three years after such production was ordered by the court, fivemonths after the original trial date was adjourned, and two months after the plaintiffrefiled the note of issue. Consequently, a monetary sanction in the sum of $2,500 iswarranted to compensate the plaintiff's counsel for the time expended and costs incurredin connection with the defendant's failure to fully and timely comply with court-ordereddisclosure and discovery requests (see CPLR 3126; O'Neill v Ho, 28 AD3d626, 627 [2006]).
The plaintiff's remaining contentions are improperly raised for the first time onappeal, and therefore are not properly before this Court (see 1812 Quentin Rd., LLC v 1812Quentin Rd. Condominium Ltd., 94 AD3d 1070, 1072 [2012]; Schiff v State of New York, 31AD3d 526, 529 [2006]; Cadle Co. v Organes Enters., Inc., 29 AD3d 927, 929[2006]). Dillon, J.P., Hall, Roman and Cohen, JJ., concur.