N.Y. Court Removes Discovery Sanction and Reinstates Case

BUFFALO, N.Y. - A New York appellate panel has reinstated a woman's personal injury claims against a mold remediator and insurance carrier, saying the record did not support discovery sanctions imposed by the trial court. Kane v. Utica First Insurance Co., et al., No. CA 09-00306 [No. 007500/2002, N.Y. Sup. Ct., Erie Cty.] (N.Y. Sup. Ct., App. Div., 4th Dept.).

In a Dec. 30 opinion, the Supreme Court Appellate Division, Fourth Department, said it found no orders in the record setting discovery deadlines in December 2007, and that the plaintiff had met the only recorded deadline of 30 days prior …