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Federal Judiciary

: Judicial Reports

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SANCTIONING THE SANCTIONER
By Mark Thompson
markthomp@yahoo.com
Posted 06-18-08

For the fourth time this year, the Appellate Division rapped Bronx County Justice Alison Y. Tuitt for too harshly sanctioning a defendant in a tort suit for relatively minor violations of discovery orders.

In the latest such case, Tuitt struck the answer of one of the defendants in a lawsuit stemming from a traffic accident as punishment for failing to turn over color photographs to the plaintiffs. According to the Appellate Division, however, the defendant offered a reasonable excuse, namely an inability to get the photos back from the previous defense attorneys. Moreover, the lapse didn’t prevent the plaintiffs from making their case because the defendants provided black and white copies of the missing photographs, making the sanction imposed by Tuitt all the more over the top, a unanimous appellate panel concluded. Zeolla v. Kimche (June 10)

Full post as published by Judicial Reports on June 18, 2008 (boomark / email).