Toribio v. JD Posillico, Inc.
| Decision Date | 27 January 2000 |
| Citation | 268 A.D.2d 394,702 N.Y.S.2d 278 |
| Court | New York Supreme Court — Appellate Division |
| Parties | VICTOR TORIBIO, Respondent,<BR>v.<BR>J.D. POSILLICO, INC., et al., Defendants, and DEREZ CONTRACTING CORP., INC., Appellant. |
In light of defendant Derez's failure to timely and satisfactorily explain its longstanding noncompliance with the court's direction that it produce a knowledgeable witness for deposition, the motion court justifiably concluded that Derez was willfully frustrating the conduct of discovery and properly granted plaintiff's motion to strike Derez's answer (see, Seamon v Apel, 191 AD2d 406). Derez's motion for reconsideration of plaintiff's motion to strike, although nominally seeking both renewal and reargument, is properly viewed simply as one for reargument (see, Pahl Equip. Corp. v Kassis, 182 AD2d 22, 27, lv denied in part and dismissed in part 80 NY2d 1005), and no appeal lies from the denial of reargument (Macias v New York City Tr. Auth., 240 AD2d 196).
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...were alleged in support of the application thereof and that the motion was actually one for reargument only (see, Toribio v. J.D. Posillico, Inc., 268 A.D.2d 394, 395). As for the appellant's belated request to amend the amount of damages being claimed, as well as the theory underlying its ......
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