Velasquez v Kelly

Holding The appellate court dismissed the third-party defendant’s appeal for lack of standing and modified the lower court’s order to vacate the conditional striking of the defendant’s answer. The court determined that the defendant complied with the discovery order by demonstrating the requested footage did not exist and that he had a potentially meritorious defense.

The court’s words

A person is aggrieved within the meaning of CPLR 5511 'when he or she asks for relief but that relief is denied in whole or in part'

2026 NY Slip Op 05211, at the official text

A party may not be compelled to produce or sanctioned for failing to produce information which he [or she] does not possess

2026 NY Slip Op 05211, at the official text

Kelly complied with the order dated July 23, 2024, by demonstrating that the additional video surveillance footage sought by the plaintiff did not exist

2026 NY Slip Op 05211, at the official text