Case Type
Other
Housing Type
Other
Court
Appellate Division; First Department
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
29048/19
Slip Opinion Number
2025 NY Slip Op 05629
Petitioner
Rachel Gomez
Respondent
Dr. Noble Thomas; DC
Judge
Manzanet-Daniels; Moulton; González; Rosado; Chan
Decision/Order Date
2025-10-14
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
The Appellate Division; First Department; affirmed an order granting the tenant's motion for attorneys' fees. The landlord's counsel had refused to proceed with a deposition; erroneously insisting that the seven-hour limit under 22 NYCRR 202.20-b excluded time for breaks. The court held that a practical reading of the rule includes breaks within the seven-hour limit; as excluding them would promote unprofessional behavior and obstruct depositions. Thus; the landlord's counsel's refusal to continue was deemed frivolous under 22 NYCRR 130-1.1; making the award of sanctions for the tenant's costs appropriate. An appeal regarding the rescheduled deposition was dismissed as moot.
Keywords
Depositions; Seven-hour Time Limit Excludes Breaks; Sanctions Granted
Recommended Citation
"Gomez v. Thomas" (2025). All Decisions. 1993.
https://ir.lawnet.fordham.edu/housing_court_all/1993
