Filed: Jun. 19, 2019
Latest Update: Jun. 19, 2019
Summary: Ordered that the order is affirmed insofar as appealed from, with costs. The plaintiff commenced this action after approval of her I-360 petition for legal permanent residence was revoked due to statements made by the defendant to the United States Citizenship and Immigration Services. The defendant moved, inter alia, pursuant to CPLR 3126 to dismiss the complaint on the ground that the plaintiff had not complied with certain discovery demands. The Supreme Court denied the motion, and the defen
Summary: Ordered that the order is affirmed insofar as appealed from, with costs. The plaintiff commenced this action after approval of her I-360 petition for legal permanent residence was revoked due to statements made by the defendant to the United States Citizenship and Immigration Services. The defendant moved, inter alia, pursuant to CPLR 3126 to dismiss the complaint on the ground that the plaintiff had not complied with certain discovery demands. The Supreme Court denied the motion, and the defend..
More
Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff commenced this action after approval of her I-360 petition for legal permanent residence was revoked due to statements made by the defendant to the United States Citizenship and Immigration Services. The defendant moved, inter alia, pursuant to CPLR 3126 to dismiss the complaint on the ground that the plaintiff had not complied with certain discovery demands. The Supreme Court denied the motion, and the defendant appeals.
Contrary to the defendant's contention, she failed to demonstrate willful or contumacious conduct on the part of the plaintiff (see Walter B. Melvin, Architects, LLC v 24 Aqueduct Lane Condominium, 51 A.D.3d 784 [2008]; Zouev v City of New York, 32 A.D.3d 850 [2006]; Euro-Central Corp. v Dalsimer, Inc., 22 A.D.3d 793 [2005]; Cestaro v Chin, 20 A.D.3d 500 [2005]). Under the circumstances, the "drastic remedy" of striking a pleading is not appropriate in this matter (Kanic Realty Assoc., Inc. v Suffolk County Water Auth., 130 A.D.3d 876, 877 [2015] [internal quotation marks omitted]). Moreover, no other remedy is warranted pursuant to CPLR 3126 based upon this record.
The defendant's remaining contentions are without merit.
Accordingly, we agree with the Supreme Court's denial of the defendant's motion, inter alia, pursuant to CPLR 3126 to dismiss the complaint.
