Bd. of Managers ex rel. Unit Owners of the 322 W. 57th St. Condo. v. Leardon Boiler Works, Inc., 10502

• Court: New York Supreme Court Appellate Division
• Citation: 111 N.Y.S.3d 534 (Mem),178 A.D.3d 462
• Docket Number: 10502,Index 150762/14
• Parties: The BOARD OF MANAGERS ON BEHALF OF the UNIT OWNERS OF the 322 WEST 57TH STREET CONDOMINIUM, Plaintiff-Respondent, v. LEARDON BOILER WORKS, INC., et al., Defendants–Appellants, Rose Associates, Inc., et al., Defendants.
• Decision Date: 05 December 2019

178 A.D.3d 462
111 N.Y.S.3d 534 (Mem)

The BOARD OF MANAGERS ON BEHALF OF the UNIT OWNERS OF the 322 WEST 57TH STREET CONDOMINIUM, Plaintiff-Respondent,
v.
LEARDON BOILER WORKS, INC., et al., Defendants–Appellants,

Rose Associates, Inc., et al., Defendants.

10502
Index 150762/14

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

ENTERED: DECEMBER 5, 2019

Rawle & Henderson LLP, New York (Sylvia E. Lee of counsel), for appellants.

Asner LLC, New York (Karen M. Asner of counsel), for respondent.

Richter, J.P., Gische, Webber, Gesmer, JJ.

111 N.Y.S.3d 535

178 A.D.3d 462

Order, Supreme Court, New York County (Carol R. Edmead, J.), entered June 18, 2018, which, to the extent appealed from as limited by the briefs, denied defendants Leardon Boiler Works, Inc. and Rite Way Tank Maintenance Corp.'s motion to vacate a prior order imposing an adverse inference sanction against Leardon Boiler Works, Inc., and expanding the prior order to impose the same sanction against Rite Way Tank Maintenance Corp., unanimously affirmed, without costs.

A determination of sanctions pursuant to CPLR 3126 lies in the trial court's discretion, and defendants failed to show that the trial court abused its discretion in ordering an adverse inference instruction against them at trial ( CPLR 3126 ; Husovic v. Structure Tone, Inc. , 171 A.D.3d 559, 560, 96 N.Y.S.3d 859 [1st Dept. 2019] ). The fact that the documents requested by plaintiff may have been

178 A.D.3d 463

produced by other parties does not excuse defendants' failure to produce them.

We have considered defendants' remaining contentions and find them unavailing.