After she filed a property damage suit against her cooperative, Dorr asked London Terrace Towers Owners, Inc. (LTTO) to produce certain documents related to her claim, and a number of extensions were granted to the entity for that purpose.
When Dorr later asked the New York County Supreme Court to strike the co-op's answer, due to its prolonged delay to supply the pertinent information, that request was denied.
On appeal, the Appellate Division, First Department, thought LTTO's noncompliance was excusable. (It didn't believe the delay was purposeful or ill intentioned.) And even though the documents arrived late (because they had been mailed to the wrong address), the AD1 saw that lapse as "inadvertent."
No prize for that Dorr.
To view a copy of the Appellate Division's decision, please use this link: Dorr v. London Terrace Towers Owners, Inc.