| Resurgence Asset Mgt., LLC v Gidumal |
| 2018 NY Slip Op 02897 [160 AD3d 590] |
| April 26, 2018 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Resurgence Asset Management, LLC, Respondent, et al.,
Plaintiffs, v Steve Gidumal, Appellant. |
O'Brien, LLP, New York (Sara Welch of counsel), for appellant.
Pollack Solomon Duffy LLP, New York (Barry S. Pollack of counsel), for respondent.
Order, Supreme Court, New York County (Anil C. Singh, J.), entered on or about February 14, 2017, which denied defendant's motion for sanctions against plaintiff Resurgence Asset Management, LLC, pursuant to CPLR 3126 and 22 NYCRR 130-1.1, unanimously affirmed, without costs.
We agree with the motion court that, rather than demonstrating that plaintiff Resurgence Asset Management engaged in sanctionable conduct, such as a pattern of delay or failure to comply with discovery orders, defendant has raised credibility issues, the determination of which is for a factfinder. Concur—Renwick, J.P., Manzanet-Daniels, Tom, Andrias, Oing, JJ. [Prior Case History: 2017 NY Slip Op 30289(U).]