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SINGER v. NEW YORK CITY TRANSIT AUTHORITY

1379.

67 A.D.3d 440 (2009)

886 N.Y.S.2d 883

2009 NY Slip Op 07956

CELIA SINGER, Individually and as Executrix of PHILIP SINGER, Deceased, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided November 5, 2009.

Supreme Court providently exercised its discretion in denying plaintiff's motion for sanctions, which was brought eight months after the trial had concluded with a verdict in plaintiff's favor. While the trial court had stated that plaintiff could move for sanctions "whenever [she] wish[ed] to," this remark did not provide plaintiff with an unlimited period of time to bring the motion, and as the court found, the eight-month delay...

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