The order granting plaintiffs' motion to the extent of deeming all liability issues resolved in their favor was reversed, and the motion denied. Plaintiffs failed to establish that defendants' conduct during discovery was willful, contumacious, or in bad faith. When the motion was made, defendants were in violation of a single court order. The court improvidently exercised its discretion in imposing the sanction nine months after plaintiffs brought the motion, when discovery had been completed and the note of issue had been filed.
Butler v. Knights Collision Experts, Inc., NY Slip Op 06474 (1st Dep't October 2, 2018)
Here is the decision.
