Legal Opinion

Powell v. Cipollaro

Appellate Division of the Supreme Court of the State of New York

Decided November 14, 2006PublishedCited by 4 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Rockland County (Garvey, J.), dated August 8, 2005, which granted the respective motions of the defendant Anthony Cipollaro and the defendants Gwenette Lensey and Gertrude Howard pursuant to CPLR 3126 to strike the complaint insofar as asserted against them.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting the defendants’ respective motions to strike the complaint. Although striking a pleading pursuant to CPLR 3126 is…

2Cases cited4 opinions

  1. Beneficial Mortgage Corp. v. LawrenceAppellate Division of the Supreme Court of the State of New York · 2004
  2. Rowell v. JoyceAppellate Division of the Supreme Court of the State of New York · 2004
  3. Devito v. J & J Towing, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
  4. Schwartz v. SuebsanguanAppellate Division of the Supreme Court of the State of New York · 2005

3Cited by4 opinions

  1. Corex-SPA v. Janel Group of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
  2. Quinones v. Long Island Jewish Medical CenterAppellate Division of the Supreme Court of the State of New York · 2011
  3. Horne v. Swimquip, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
  4. Irving v. Four Seasons Nursing & Rehabilitation CenterAppellate Division of the Supreme Court of the State of New York · 2017

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