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MILLER v. CAMELOT COMMUNICATIONS GROUP, INC.

Index No. 150387/15. Appeal No. 15640. Case No. 2021-02074.

203 A.D.3d 628 (2022)

163 N.Y.S.3d 402

2022 NY Slip Op 02091

Linda Miller, Respondent, v. Camelot Communications Group, Inc., et al., Appellants.

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

Decided March 29, 2022.

Attorney(s) appearing for the Case

Baxter Smith & Shapiro, P.C., White Plains (Sim R. Shapiro of counsel), for appellants.

Kelner & Kelner, New York (Joshua D. Kelner of counsel), respondent.

Concur—Renwick, J.P., Gesmer, Singh, Rodriguez, JJ.

The trial court abused its discretion in precluding defendants from using a deposition given by plaintiff in a prior personal injury action (compare Holliday v Jones, 36 A.D.3d 557, 557-558 [1st Dept 2007] ["(i)n order to invoke the drastic remedy of preclusion ... the court must determine that the party's failure to comply with a disclosure order was willful, deliberate and contumacious"]). Plaintiff could not have been surprised...

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