Gradaille v. City of New York

Order, Supreme Court, New York County (Marilyn Shafer, J.), entered November 27, 2006, which granted the motion of defendant City of New York to vacate a prior order striking its answer for noncompliance with disclosure orders, upon condition that the City pay plaintiff $2,500, affirmed, without costs. The motion court did not improvidently exercise its discretion in vacating the order striking the City’s answer and imposing a monetary sanction in its place after the City demonstrated that its earlier production of the wrong records was not willful and [280] contumacious and that it had belatedly complied with all its discovery obligations (see Postel v New York Univ. Hosp., 262 AD2d 40, 42 [1999]; see generally McMahon v City of New York, 105 AD2d 101 [1984]). We have considered plaintiffs remaining contentions and find them to be unavailing. Concur—Andrias, J.P., Friedman, Buckley and Moskowitz, JJ.