| Fitzgerald v City of New York |
| 2016 NY Slip Op 05452 [141 AD3d 441] |
| July 7, 2016 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Michael Fitzgerald, Plaintiff, v City of New York et al., Respondents, and International Contractors Services, LLC, Appellant. City of New York, Third-Party Plaintiff, v A.H. Harris & Sons, Inc., et al., Third-Party Defendant-Respondent, and International Contractors Services, LLC, Third-Party Defendant-Appellant. |
Baxter Smith & Shapiro, P.C., Hicksville (Sim R. Shapiro of counsel), for appellant.
Fabiani Cohen & Hall, LLP, New York (William C. Lamboley of counsel), for the City of New York, respondent.
Law Office of James J. Toomey, New York (Michael J. Kozoriz of counsel), for A.H. Harris & Sons, Inc, respondent.
Order, Supreme Court, Bronx County (Laura G. Douglas, J.), entered August 4, 2015, which, inter alia, granted the motion of defendant/third-party plaintiff City of New York and cross motion of defendant/third-party defendant A.H. Harris & Sons, Inc. for an order conditionally striking International Contractors Services' third-party answer, unanimously affirmed, without costs.
The IAS court providently exercised its discretion in conditionally striking third-party defendant International Contractor Services' third-party answer based on its repeated failure to comply with discovery directives (see e.g. Loeb v Assara N.Y. I L.P., 118 AD3d 457, 457 [1st Dept 2014]). We have considered the remaining arguments and find them unavailing. Concur—Mazzarelli, J.P., Friedman, Andrias, Webber and Gesmer, JJ.