| Grullon v Yong Il Park |
| 2006 NY Slip Op 50877(U) [12 Misc 3d 126(A)] |
| Decided on May 16, 2006 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiffs appeal from an order of the Civil Court, Bronx County (Sharon A.M. Aarons, J.), dated March 23, 2005, which granted defendants' motion to dismiss plaintiff Santiago Grullon's claims against them for failure to comply with a compliance conference order.
PER CURIAM:
Order (Sharon A.M. Aarons, J.), dated March 23, 2005, reversed, without costs, and plaintiff Santiago Grullon's claims against defendants are reinstated.
The drastic sanction of dismissing plaintiff Grullon's claims against defendants based on Grullon's failure to comply with the compliance conference order directing his deposition was unwarranted, in the absence of a showing that his actions were willful or contumacious (see Corner Realty 30/7 v Bernstein Mgmt. Corp., 249 AD2d 191 [1998]). Defendants have not demonstrated or even alleged that they were prejudiced by the delay (see Cooper v Shepherd, 280 AD2d 337 [2001]) and to the extent that Grullon's noncompliance resulted in a preclusion order, defendants failed to demonstrate that Grullon cannot otherwise establish a prima facie case of negligence.This constitutes the decision and order of the court.
Decision Date: May 16, 2006