DASS v. DORMITORY AUTHORITY (2023)

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

Krishna DASS et al., Plaintiffs–Appellants, v. The DORMITORY AUTHORITY of the State of New York, Defendant–Respondent.

969 Decided: November 02, 2023

Oing, J.P., Moulton, González, Shulman, JJ.

Law Office of Todd J. Krouner, P.C., Chappaqua (Christopher W. Dennis of counsel), for appellants. Newman Myers Kreines Harris, P.C., New York (Matthew D. Lavoie of counsel), for respondent.

Order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered on or about January 23, 2023, which denied plaintiffs’ motion to strike defendant's answer, unanimously affirmed, without costs.

The court providently exercised its discretion in denying plaintiffs’ motion. Defendant Dormitory Authority of the State of New York (DASNY)’s failure to provide all the documents requested by plaintiffs was not willful and contumacious. Among other things, DASNY produced a Jackson affidavit and made available dozens of boxes for plaintiffs’ review. Plaintiffs’ claimed injuries occurred at a CUNY college. As DASNY explained, it surrenders all control and possession to CUNY once a building is completed (see Matter of Bento v. Dormitory Auth. of the State of N.Y., 188 A.D.3d 516, 516, 132 N.Y.S.3d 604 [1st Dept. 2020]; Garcia v. Dormitory Auth. of State of N.Y., 195 A.D.2d 288, 289, 599 N.Y.S.2d 600 [1st Dept. 1993]).

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