In a lawsuit alleging false arrest and malicious prosecution for homicide, a Brooklyn appeals panel has thrown out New York City’s pleadings as a sanction for taking nearly 10 years to hand over documents.
The city’s “willful and contumacious conduct can be inferred from their repeated failures, over an extended period of time, to comply with the discovery orders, together with the inadequate, inconsistent and unsupported excuses for those failures to disclose,” a unanimous Appellate Division, Second Department, panel held yesterday in Byam v. City of New York, 19395/96.
