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BOARD OF MGRS. v. LEARDON BOILER WORKS, INC.

10502. 150762/14.

178 A.D.3d 462 (2019)

111 N.Y.S.3d 534

2019 NY Slip Op 08776

The Board of Managers, on Behalf of the Unit Owners of the 322 West 57th Street Condominium, Respondent, v. Leardon Boiler Works, Inc., et al., Appellants, et al., Defendants.

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

Decided December 5, 2019.

Attorney(s) appearing for the Case

Rawle & Henderson LLP, New York (Sylvia E. Lee of counsel), for appellants.

Asner LLC, New York (Karen M. Asner of counsel), for respondent.

Concur—Richter, J.P., Gische, Webber, Gesmer, JJ.

A determination of sanctions pursuant to CPLR 3126 lies in the trial court's discretion, and defendants failed to show that the trial court abused its discretion in ordering an adverse inference instruction against them at trial (CPLR 3126; Husovic v Structure Tone, Inc., 171 A.D.3d 559, 560 [1st Dept 2019]). The fact that the documents requested by plaintiff may have been produced by other parties does not excuse defendants...

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