Ansari v. MB Hamptons, LLC

• Decision Date: 30 March 2016
• Citation: 28 N.Y.S.3d 397,137 A.D.3d 1174
• Parties: Anees ANSARI, etc., respondent-appellant, v. MB HAMPTONS, LLC, appellant-respondent.
• Court: New York Supreme Court — Appellate Division

137 A.D.3d 1174
28 N.Y.S.3d 397

Anees ANSARI, etc., respondent-appellant,
v.
MB HAMPTONS, LLC, appellant-respondent.

Supreme Court, Appellate Division, Second Department, New York.

March 30, 2016.

28 N.Y.S.3d 398

Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis & Fishlinger, Uniondale, N.Y. (Gregory A. Cascino and Michael Reagan of counsel), for appellant-respondent.

Jacoby & Meyers, LLP, Newburgh, N.Y. (Finkelstein & Partners [Marie M. DuSault ], of counsel), for respondent-appellant.

REINALDO E. RIVERA, J.P., JOHN M. LEVENTHAL, SANDRA L. SGROI, and SYLVIA O. HINDS–RADIX, JJ.

In an action to recover damages for personal injuries, etc., the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Strauss, J.), entered November 15, 2012, as denied its motion for summary judgment dismissing the complaint, and the plaintiff cross-appeals, as limited by his notice of appeal and brief, from so much of the same order as denied his cross motion pursuant to CPLR 3126 and 3124 to strike the defendant's answer based on its failure to comply with court-ordered discovery, or, in the alternative, to compel a response to his discovery demands.

ORDERED that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

28 N.Y.S.3d 399

The plaintiff allegedly sustained personal injuries when he slipped and fell on a wet floor in a commercial building owned by the defendant. He commenced this action against the defendant seeking damages. The defendant moved for summary judgment dismissing the complaint. The plaintiff cross-moved to strike the defendant's answer for failure to respond to his outstanding discovery demands or, in the alternative, to compel a response. The Supreme Court denied the motion and the cross motion. The defendant appeals and the plaintiff cross-appeals.

"A defendant who moves for summary judgment in a slip-and-fall case has the initial burden of making a prima facie showing that...