| Pezhman v City of New York |
| 2008 NY Slip Op 09846 [57 AD3d 326] |
| December 16, 2008 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Anna Pezhman, Appellant, v City of New York et al., Respondents. |
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Michael A. Cardozo, Corporation Counsel, New York (Janet L. Zaleon of counsel), for
respondents.
Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered June 26, 2008, which, in an action by a probationary teacher against defendants for defamation, denied plaintiff's motion to strike defendants' answer and granted defendants' cross motion for an order directing that a preliminary conference be held, unanimously affirmed, without costs.
Plaintiff's motion to strike defendants' answer was properly denied in light of her failure to submit an affirmation detailing the good faith efforts that were taken to resolve the discovery disputes (see Chichilnisky v Trustees of Columbia Univ. in City of N.Y., 45 AD3d 393 [2007]; 22 NYCRR 202.7). Furthermore, plaintiff did not demonstrate that defendants' conduct during discovery was willful, contumacious or in bad faith (see Palmenta v Columbia Univ., 266 AD2d 90, 91 [1999]) Concur—Andrias, J.P., Nardelli, Sweeny, DeGrasse and Freedman, JJ.