Scahill Law Group P.C. | New York Trial Attorneys

Kakuriev v. Baffone Transportation, Inc. et al., Index No. 708526/2023 (App. Div., 2d Dep’t 2026)

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Congratulations to Gerard Ferrara for securing an affirmance from the Appellate Division, Second Department, in favor of defendants Baffone Transportation, Inc. and Francesco Fatta. The plaintiff appealed from a Queens County Supreme Court order denying his application to impose sanctions against the defendants and defense counsel and to strike the defendants’ answer.

The appeal arose from a motor vehicle accident near Utopia Parkway and Union Turnpike in Queens. After the plaintiff’s motion for summary judgment on liability was denied based on triable issues of fact, the plaintiff later sought sanctions and the striking of defendants’ answer, arguing that alleged inconsistencies between the insured driver’s affidavit and State Farm’s claim file materials amounted to perjury and discovery misconduct.

The Appellate Division affirmed the lower court’s order, holding that sanctions were not warranted and that the alleged inconsistent statements did not constitute frivolous conduct under 22 NYCRR 130-1.1. The Court also held that the plaintiff failed to establish willful and contumacious discovery conduct or any basis for the drastic remedy of striking the answer under CPLR 3124 or 3126.

Congratulations to Gerard on an excellent appellate result, reflecting strong opposition to an aggressive sanctions application and effective preservation of the defense on the merits.

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