Practice point: The trial court improvidently exercises its discretion in granting the motion in the absence of a finding that the nonmovant's behavior was willful, contumacious, or due to bad faith, and it will be reversed.
Case: Haynes v. City of New York, Slip Op 08930 (1st Dep't December 29, 2016)
Here is the decision.
Tomorrow's issue: A summary judgment motion in a case involving an insurance contract or policy.
