VIZCARRONDO v. BOARD OF EDUCATION OF THE CITY OF NEW YORK


17 A.D.3d 144 (2005)

792 N.Y.S.2d 453

JENDA VIZCARRONDO et al., Appellants, v. BOARD OF EDUCATION OF THE CITY OF NEW YORK et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

April 7, 2005.


Defendants' failure to comply with prior court orders directing their production of the subject records for in camera inspection was properly excused on condition that they further explain why the assailants' transfer out of their school system has rendered the records unavailable. Although defendants have been derelict, the drastic sanctions sought against them were properly withheld where they substantially complied with the vast bulk of plaintiffs' discovery demands, and...

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