Henry v. Atlantis Rehab. & Residential Healthcare Facility, LLC
| Decision Date | 26 May 2021 |
| Docket Number | Index No. 9590/12,2019-08049 |
| Citation | 194 A.D.3d 1021,149 N.Y.S.3d 217 |
| Parties | Edwin HENRY, etc., appellant, v. ATLANTIS REHABILITATION AND RESIDENTIAL HEALTHCARE FACILITY, LLC, et al., respondents. |
| Court | New York Supreme Court — Appellate Division |
194 A.D.3d 1021
149 N.Y.S.3d 217
Edwin HENRY, etc., appellant,
v.
ATLANTIS REHABILITATION AND RESIDENTIAL HEALTHCARE FACILITY, LLC, et al., respondents.
2019-08049
Index No. 9590/12
Supreme Court, Appellate Division, Second Department, New York.
Argued—April 1, 2021
May 26, 2021
Sheryl R. Menkes (Mischel & Horn, P.C., New York, N.Y. [Scott T. Horn and Lauren E. Bryant ], of counsel), for appellant.
McGaw Alventosa & Zajac, Jericho, N.Y. (Andrew Zajac of counsel), for respondents.
MARK C. DILLON, J.P., ROBERT J. MILLER, FRANCESCA E. CONNOLLY, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Lizette Colon, J.), dated June 5, 2019. The order, insofar as appealed from, in effect, granted that branch of the plaintiff's motion which was pursuant to CPLR 3126 to strike the defendants' answer only to the extent of precluding the defendants from introducing certain evidence at trial, and otherwise denied that branch of the motion.
ORDERED that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, and that branch of the plaintiff's motion which was pursuant to CPLR 3126 to strike the defendants' answer is granted in its entirety.
The relevant background facts are set forth in this Court's decision and order on a related appeal ( Henry v. Atlantis Rehabilitation and Residential Healthcare Facility, LLC, 194 A.D.3d 1018, 148 N.Y.S.3d 509 [Appellate Division Docket No. 2018–11379 ; decided herewith]). In addition, as relevant to this appeal, the plaintiff served a supplemental demand for discovery and inspection dated May 15, 2017. The defendants served a response dated September 22, 2017, in which they objected to most of the demands as "overbroad, burdensome, irrelevant and not likely to lead to admissible evidence." In January 2019, the plaintiff served The Phoenix Rehabilitation and Nursing Center (hereinafter Phoenix), the entity which purchased the defendants' facility, with a so-ordered subpoena to produce the documents which the plaintiff...
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Attorney conduct
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