The Appellate Division affirmed the imposition of a $10,000 sanction against defendants for discovery abuses, pursuant to CPKR 3126. Based on the court's admonition at a discovery conference, both parties were on actual notice that the non-prevailing party on a discovery-related motion would be responsible for the legal fees of the prevailing party. In granting plaintiff's motion to compel access to his upstairs neighbor's apartment to perform a water test to determine the source of a persistent leak, the court credited plaintiff's position that the condominium's governing documents vested defendants with the authority to access the unit for inspection and testing when a condition in one unit is causing damage in another unit. Defendants refused to exercise that authority, even after the court noted that the request was proper, requiring plaintiff to have to move to compel discovery. The $10,000 sanction was appropriate.
Etkin v, Sherwood Residential Mgt. LLC, NY Slip Op 06424 (1st Dep't December 19m 2024)
