Appeals Court Rejects Dismissal for Late Response but Adds Penalty

NEW YORK - A New York appellate court said a plaintiff who missed discovery deadlines must pay $5,000, but the court rejected defendants' argument that it dismiss the action as a sanction for the discovery lapses. Advanced Fertility Servs. P.C. v. Yorkville Towers Assoc., 2009 NY Slip Op 02824 [No. 107564/2003] (N.Y. Sup. Ct., App. Div., 1st Dept.).

The New York Supreme Court Appellate Division, First Department, also imposed costs on plaintiff-appellee Advanced Fertility Services P.C. in its April 14 order.

Advanced is suing its landlord Yorkville Towers Associates, and RY Management Co. Inc. for breach of contract, alleging property …