Legal Opinion
Eagle Star Insurance Co. of America v. Behar
Appellate Division of the Supreme Court of the State of New York
Decided August 1, 1994PublishedCited by 10 opinions
1Opinion of the Court
—In an action for a judgment declaring a conveyance void as fraudulent, the plaintiff appeals from an order of the Supreme Court, Nassau County (Burke, J.), dated February 11, 1992, which dismissed the complaint insofar as it is asserted against the defendant Rita Behar pursuant to CPLR 3126.
Ordered that the order is affirmed, with costs.
The drastic sanction of unconditionally striking a pleading pursuant to CPLR 3126 should not be invoked unless the resisting party’s default is shown to be deliberate and contumacious (see, Furniture Fantasy v Cerrone, 154 AD2d 506). However, where a party…
2Cases cited3 opinions
- Zletz v. WetansonNew York Court of Appeals · 1986
- Furniture Fantasy, Inc. v. CerroneAppellate Division of the Supreme Court of the State of New York · 1989
- Cataldo v. Budget Rent A Car of Delaware, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
3Cited by10 opinions
- Frias v. FortiniAppellate Division of the Supreme Court of the State of New York · 1997
- Crystal Clear Development, LLC v. Devon Architects of New York, P.C.Appellate Division of the Supreme Court of the State of New York · 2015
- Lamagna v. New York State Ass'n for the Help of Retarded Children, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Argenio v. Cushman & Wakefield, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- Cronin v. PerryAppellate Division of the Supreme Court of the State of New York · 2000
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