SMITH SMITH v. PARKCHESTER APTS CO (1998)

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

Ebony SMITH, an Infant, by Her Parents and Natural Guardians, Roy SMITH, et al., Plaintiffs-Respondents, v. PARKCHESTER APTS., CO., et al., Defendants-Appellants.

Decided: December 03, 1998

ROSENBERGER, J.P., WALLACH, RUBIN and SAXE, JJ.

Keith S. Barnett, for Plaintiffs-Respondents. Richard E. Lerner, for Defendants-Appellants.

Order, Supreme Court, Bronx County (Luis Gonzalez, J.), entered on or about October 28, 1997, which denied defendants' motion to strike the complaint for plaintiffs' failure to comply with court-ordered disclosure, unanimously affirmed, without costs.

The motion court, which, in directing an in camera examination of the infant plaintiff to determine her competency as a witness, effectively reversed so much of its prior order as directed plaintiffs' depositions by a date certain, properly exercised its discretion in giving plaintiffs one last chance to comply with that part of the prior order as directed the infant plaintiff to submit to a mental examination. We note, however, that the sanctions ordered by Supreme Court to be paid by plaintiffs-respondents' counsel, in its order of April 2, 1997, have yet to be paid.

MEMORANDUM DECISION.

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