Husovic v. Structure Tone, Inc., 9016

CourtNew York Supreme Court Appellate Division
Citation96 N.Y.S.3d 859 (Mem),171 A.D.3d 559
Docket NumberIndex 157134/16,9016
Decision Date18 April 2019
Parties Jasmina HUSOVIC, Plaintiff-Respondent, v. STRUCTURE TONE, INC., Defendant-Appellant.

171 A.D.3d 559
96 N.Y.S.3d 859 (Mem)

Jasmina HUSOVIC, Plaintiff-Respondent,
v.
STRUCTURE TONE, INC., Defendant-Appellant.

9016
Index 157134/16

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

Decided April 18, 2019


Barry McTiernan & Moore LLC, New York (Laurel A. Wedinger of counsel), for appellant.

Law Office of Craig Rosuck, PC, New York (Elliot Budashewitz of counsel), for respondent.

Richter, J.P., Manzanet–Daniels, Kahn, Gesmer, Oing, JJ.

171 A.D.3d 559

Order, Supreme Court, New York County (Arlene P. Bluth,

J.), entered April 30, 2018, which denied defendant's motion to vacate an order, entered on or about December 13, 2017, imposing discovery sanctions, unanimously affirmed, without costs.

"If any party ... refuses to obey an order for disclosure or wilfully fails to disclose information which the court finds ought to have been disclosed" the court may, inter alia, make an order "that the issues to which the information is relevant shall be deemed resolved for purposes of the action in accordance with the claims of the party obtaining the order" ( CPLR 3126[1] ; Longo v. Armor El. Co., 307 A.D.2d 848, 849, 763 N.Y.S.2d 597 [1st Dept. 2003] ). A determination of sanctions pursuant to CPLR 3216 lies in the trial court's discretion and should not be set aside absent a clear abuse of discretion (see Kihl v. Pfeffer, 94 N.Y.2d 118, 122, 700 N.Y.S.2d 87, 722 N.E.2d 55 [1999] ; De Socio v. 136 E. 56th St. Owners, Inc., 74 A.D.3d 606, 607, 903 N.Y.S.2d 45 [1st Dept. 2010] [citing Arts4All, Ltd. v. Hancock, 54 A.D.3d 286, 286, 863 N.Y.S.2d 193 [1st Dept. 2008], affd 12 N.Y.3d 846, 881 N.Y.S.2d 390, 909 N.E.2d 83 [2009], cert denied 559 U.S. 905, 130 S.Ct. 1301, 175 L.Ed.2d 1076 [2010] ).

Here, Supreme Court issued three separate discovery orders directing defendant to produce documents, including one order that expressly laid out what documents needed to be provided and warned that failure to comply may result in...

To continue reading

Request your trial
4 practice notes
  • Monaghan as Trustee of Monaghan Qualified Personal Residence Trust v. Cole, 9014
    • United States
    • New York Supreme Court Appellate Division
    • April 18, 2019
    ...or inconsistency between provisions of this Rider [and] any provisions of the main body of this Contract of Sale ..., the provisions of 171 A.D.3d 559this Rider shall govern." The parties expressly agreed that the rider would override any inconsistent provisions in the contract (see Pandey ......
  • White v. City of N.Y., 11976
    • United States
    • New York Supreme Court Appellate Division
    • October 6, 2020
    ...last chance" (see Kihl v. Pfeffer, 94 N.Y.2d 118, 122, 700 N.Y.S.2d 87, 722 N.E.2d 55 [1999] ; see also Husovic v. Structure Tone, Inc., 171 A.D.3d 559, 96 N.Y.S.3d 859 [1st Dept. 2019] ). Notably, plaintiff failed to support either his motion to restore or his motion to vacate with an excu......
  • Alvin N. v. Admin. for Children's Servs. (In re Aliyah N.), 9025
    • United States
    • New York Supreme Court Appellate Division
    • April 18, 2019
    ...know whether the doctor's testimony at the fact finding hearing will support its allegations of child abuse (see CPLR 3101[d][1][iii] ; 96 N.Y.S.3d 859 Falcone v. Karagiannis, 93 A.D.3d 632, 634, 939 N.Y.S.2d 561 [2d Dept. 2012] ).The excerpts of the child's medical records provided to the ......
  • Bd. of Managers ex rel. Unit Owners of the 322 W. 57th St. Condo. v. Leardon Boiler Works, Inc., 10502
    • United States
    • New York Supreme Court Appellate Division
    • December 5, 2019
    ...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......
4 cases
  • Monaghan as Trustee of Monaghan Qualified Personal Residence Trust v. Cole, 9014
    • United States
    • New York Supreme Court Appellate Division
    • April 18, 2019
    ...or inconsistency between provisions of this Rider [and] any provisions of the main body of this Contract of Sale ..., the provisions of 171 A.D.3d 559this Rider shall govern." The parties expressly agreed that the rider would override any inconsistent provisions in the contract (see Pandey ......
  • White v. City of N.Y., 11976
    • United States
    • New York Supreme Court Appellate Division
    • October 6, 2020
    ...last chance" (see Kihl v. Pfeffer, 94 N.Y.2d 118, 122, 700 N.Y.S.2d 87, 722 N.E.2d 55 [1999] ; see also Husovic v. Structure Tone, Inc., 171 A.D.3d 559, 96 N.Y.S.3d 859 [1st Dept. 2019] ). Notably, plaintiff failed to support either his motion to restore or his motion to vacate with an excu......
  • Alvin N. v. Admin. for Children's Servs. (In re Aliyah N.), 9025
    • United States
    • New York Supreme Court Appellate Division
    • April 18, 2019
    ...know whether the doctor's testimony at the fact finding hearing will support its allegations of child abuse (see CPLR 3101[d][1][iii] ; 96 N.Y.S.3d 859 Falcone v. Karagiannis, 93 A.D.3d 632, 634, 939 N.Y.S.2d 561 [2d Dept. 2012] ).The excerpts of the child's medical records provided to the ......
  • Bd. of Managers ex rel. Unit Owners of the 322 W. 57th St. Condo. v. Leardon Boiler Works, Inc., 10502
    • United States
    • New York Supreme Court Appellate Division
    • December 5, 2019
    ...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......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT