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Ethington v. H & M Hennes & Mauritz, L.P.
Citation: 2022 NY Slip Op 06467Docket: 2021-04552
Court: Appellate Division of the Supreme Court of the State of New York; November 15, 2022; New York; State Appellate Court
Original Court Document: View Document
In Ethington v. H. M Hennes. Mauritz, L.P., the Appellate Division of the Supreme Court of New York affirmed the lower court's order compelling the plaintiff, Brigitte Ethington, to respond to a specific demand for a bill of particulars regarding her personal injury claim stemming from a fall in a department store owned by the defendant. The demand sought clarification on whether Ethington notified the defendant of the accident, a request the court deemed appropriate under CPLR 3043(c), despite its lack of express authorization under CPLR 3043(a). The court dismissed Ethington's argument that the demand constituted interrogatories, which would waive the defendant's right to depose her, highlighting that her claims were without merit. Additionally, the court noted that Ethington's appeal included arguments that appeared frivolous and intended to delay proceedings, prompting the court to order the parties to show cause regarding potential sanctions against Ethington's counsel for their conduct in the appeal. The decision included directions for the submission of affirmations or affidavits to determine the appropriateness and amount of any sanctions or costs, including attorney's fees for the defendant. The ruling was issued on November 16, 2022, with a deadline for submissions set for December 7, 2022.