JENKINS v. CLARENDON INSURANCE COMPANY (2021)

Supreme Court, Appellate Term, New York.

Michelle JENKINS, Respondent, v. CLARENDON INSURANCE COMPANY, Appellant.

2018-1838 K C

Decided: January 15, 2021

PRESENT: THOMAS P. ALIOTTA, P.J., DAVID ELLIOT, WAVNY TOUSSAINT, JJ.

Law Offices of Moira Doherty, P.C. (Janice P. Rosen of counsel), for appellant. Law Office of Thomas Torto (Thomas Torto of counsel), for respondent.

ORDERED that the order, insofar as appealed from, is affirmed, without costs.

In this action by an eligible injured person to recover first-party no-fault benefits, insofar as is relevant to this appeal, defendant moved for summary judgment dismissing the complaint on that ground that, due to plaintiff's failure to comply with a discovery order dated October 16, 2009, plaintiff was precluded from offering testimony at trial. Defendant appeals from so much of an order of the Civil Court (Pamela L. Fischer, J.) entered February 22, 2013 as denied defendant's motion. Upon a review of the record, we agree with the Civil Court's implicit determination that preclusion is not warranted under the circumstances presented.

Accordingly, the order, insofar as appealed from, is affirmed.

ALIOTTA, P.J., ELLIOT and TOUSSAINT, JJ., concur.

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