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MARQUEZ v. 171 TENANTS CORP.

106616/11, 6685N, 590264/14, 6684.

161 A.D.3d 646 (2018)

78 N.Y.S.3d 103

2018 NY Slip Op 03768

Raul Marquez, Plaintiff, v. 171 Tenants Corp., Defendant-Appellant/Third Third-Party Plaintiff-Appellant, and Kenneth Cook, Respondent, et al., Defendant. Cynthia Cook, Third Third-Party Defendant-Respondent. (And a Second Third-Party Action.)

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

Decided May 24, 2018.

A preclusion order requires a determination that the party engaged in willful, contumacious or bad faith conduct (see National Cas. Co. v American Home Assur. Co., 102 A.D.3d 553, 553-554 [1st Dept 2013]; Castor Petroleum, Ltd. v Petroterminal de Panama, S.A., 90 A.D.3d 424 [1st Dept 2011]). Here, the court's July 8, 2015 order properly directed 171 Tenants to fulfill its discovery obligations...

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