The opinion
180 Lafayette Corp. v Wesco Ins. Co.
2025 NY Slip Op 31638(U)
May 6, 2025
Supreme Court, New York County
Docket Number: Index No. 150160/2019
Judge: Adam Silvera
Cases posted with a "30000" identifier, i.e., 2013 NY Slip
Op 30001(U), are republished from various New York
State and local government sources, including the New
York State Unified Court System's eCourts Service.
This opinion is uncorrected and not selected for official
publication.
FILED: NEW YORK COUNTY CLERK 05/06/2025 04:48 PM INDEX NO. 150160/2019
NYSCEF DOC. NO. 187 RECEIVED NYSCEF: 05/06/2025
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
PRESENT: HON. ADAM SILVERA PART 01
Justice
-------------------X INDEX NO. 150160/2019
180 LAFAYETTE CORP.,
MOTION DATE 04/10/2025
Plaintiff,
MOTION SEQ. NO. ---'0=0=5_ _
- V -
WESCO INSURANCE COMPANY, JORDAN BARRETT DECISION + ORDER ON
MOTION
Defendant.
-------------------X
The following e-filed documents, listed by NYSCEF document number (Motion 005) 155, 156, 157, 158,
159,160,161,162,163,164,165,166,167,168,169,170,171,172,173,174,175,176,177,178,179,
180, 181, 182, 183, 184
were read on this motion to/for STAY
Upon the foregoing documents and after oral arguments, this Court grants in part the
order to show cause by the defendant, Jordan Barrett ("Defendant"), and denies the cross-motion
by the plaintiff, 180 Lafayette Corp. ("Plaintiff'), for the reasons set forth below.
Defendant seeks an order sanctioning Plaintiff and dismissing Plaintiffs complaint or, as ·
an alternative to dismissal, (i) precluding Plaintiff from proffering damages testimony at trial or
(ii) compelling Plaintiff to allow Defendant to photograph all property at issue in this property-
damage case and staying the trial of the case, scheduled for May 28, 2025.
Defendant's requests to sanction Plaintiff and to dismiss Plaintiffs complaint or to
preclude Plaintiffs damages testimony, as a result of Plaintiffs alleged disregard of court-
ordered discovery, see Affirmation in Support ("Support") at 9, are hereby denied. Neither
Plaintiffs disclosure of documents unrelated to this litigation, after the Honorable Suzanne
Adams ordered disclosure of related documents, see id. 1122, 27, 33; see generally id., Exh. F,
nor Plaintiffs bar on photographs of tenants' spaces during an inspection ordered by the
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FILED: NEW YORK COUNTY CLERK 05/06/2025 04:48 PM INDEX NO. 150160/2019
NYSCEF DOC. NO. 187 RECEIVED NYSCEF: 05/06/2025
Honorable James G. Clynes, see id ,r,r 19, 23, 33; see generally id, Exh. I ("Judge Clynes's
Order"), constitutes frivolous or contumacious conduct, as would be required to grant
Defendant's requests. See Crooke v Bonofacio, 147 AD3d 510,510 (1st Dep't 2017) (dismissal);
Loeb v Assara NY I L.P., 118 AD3d 457,457 (1st Dep't 2014) (preclusion); Hunts Point Term.
Produce Coop. Assn., Inc. v New York City Economic Dev. Corp., 54 AD3d 296,296 (1st Dep't
2008) (sanctions).
As to Judge Adams's order, Plaintiff included documents unrelated to the litigation, and
Plaintiff has acknowledged its over-disclosure. See Support, 27. Plaintiff did not suppress
disclosure, which would have been of greater concern. Cf Baxter v Orans, 63 AD2d 875, 875
(1st Dep't 1978). Plaintiffs over-disclosure was neither frivolous nor contumacious. As to Judge'
Clynes's Order, Plaintiff seeks to limit photography to protect its tenants' privacy rights, see
Affirmation in Opposition to Defendant Jordan Barrett's Motion by Order to Show Cause and in
Support of Plaintiffs Cross-Motion,, 15-18, 20; id, Exh. J, rights which Judge Clynes's Order
touched upon. See Judge Clynes' s Order at 1 ("Inspection to be done subject to permission from
tenants."). Although the Court will allow all photography, see infra, that Plaintiff did not
authorize photography of private spaces was neither frivolous nor contumacious. Thus,
Defendant's requests to sanction Plaintiff, to dismiss Plaintiffs complaint, and to preclude
Plaintiffs testimony are denied.
Defendant's requests to compel Plaintiff to allow Defendant to photograph all property at
issue in this case and to stay the trial of this action are hereby granted, subject to the restrictions
detailed below. Photographs of the property would aid the jury in evaluating the reasonableness
of Plaintiffs repairs. Cf Colon v New York City Haus. Auth., 248 AD2d 254,255 (1st Dep't
1998); Fuisz v 6 E. 72nd St. Corp., 2022 NY Slip Op 30973[U], *17-18 (Sup Ct, NY County
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FILED: NEW YORK COUNTY CLERK 05/06/2025 04:48 PM INDEX NO. 150160/2019
NYSCEF DOC. NO. 187 RECEIVED NYSCEF: 05/06/2025
2022). As such, Defendant shall be entitled to inspect the property at issue, as per Judge Clynes's
Order, and photograph all such property. The parties shall promptly agree on a date for the
inspection, which shall be conducted on or before June 9, 2025. Defendant shall share with
Plaintiff any photographs taken during the inspection on or before June 23, 2025. See CPLR §
3101(a). Trial ofthis action is hereby stayed until July 14, 2025. See id § 2201.
To protect Plaintiffs tenants' interests, photographs taken during the inspection may only
be used in connection with, and until the end of, this litigation (including any appeals) and may
not be disseminated to anyone not directly involved in this litigation. See CPLR § 3103(a); Jridi
v Minaj, 2019 NY Slip Op 33613 [U], *2-3 (Sup Ct, NY County 2019); see generally Oxxford
Info. Tech., Ltd v Novantas LLC, 78 AD3d 499,499 (1st Dep't 2010). At the end of the
litigation, the parties must promptly destroy all such photographs (including any copies made).
Cf Oxxford Info. Tech., Ltd, 78 AD3d at 499. Thus, Defendant's request to compel Plaintiff to
allow Defendant to photograph all property at issue in this case is granted, subject to the
conditions above, and Plaintiffs cross-motion to vacate Judge Clynes's Order is.hereby denied.
Accordingly, it is
ORDERED that the portion of Defendant's order to show cause seeking to compel
Plaintiff to allow Defendant to take photographs, during an inspection of Plaintiffs property, of
all property at issue in this case is granted, subject to the conditions above; and it is further
ORDERED that the inspection shall be conducted on or before June 9, 2025, and that
Defendant shall share with Plaintiff any photographs taken during the inspection on or before
June 23, 2025; and it is further
ORDERED that the portion of Defendant's order to show cause seeking to stay the trial
of this action is granted and the May 28, 2025, trial date is hereby vacated; and it is further
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FILED: NEW YORK COUNTY CLERK 05/06/2025 04:48 PM INDEX NO. 150160/2019
NYSCEF DOC. NO. 187 RECEIVED NYSCEF: 05/06/2025
ORDERED that all parties must appear in Room 300 of60 Centre Street, New York, NY,
10007, on July 14, 2025, at 9:30 a.m., for trial; and it is further
ORDERED that the remainder of Defendant's order to show cause is denied; and it is
further
ORDERED that Plaintiffs cross-motion to vacate Judge Clynes's Order is denied; and it
is further
ORDERED that, within 21 days of entry, Defendant shall serve a copy of this
Decision/Order upon all parties with notice of entry.
This constitutes the Decision/Order of the Court.
5/6/2025
DATE ADAM SILVERA, J.S.C.
~
CHECK ONE: CASE DISPOSED NON-FINAL DISPOSITION
GRANTED □ DENIED GRANTED IN PART □ OTHER
APPLICATION: SETTLE ORDER SUBMIT ORDER
CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT □ REFERENCE
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