Legal Opinion
Carella v. Reilly & Associates
Appellate Division of the Supreme Court of the State of New York
Decided August 19, 2002PublishedCited by 7 opinions
1Opinion of the Court
*327The Supreme Court providently exercised its discretion in imposing costs in the sum of $1,500 against the third-party defendant, Italiano Brothers Drywall and Stucco, Inc. (hereinafter Italiano Brothers), for its failure to timely comply with court-ordered discovery and the discovery demands of the defendants third-party plaintiffs, Reilly & Associates and Joseph E. Reilly, Jr. (hereinafter Reilly) (see Matter of Gaye, 285 AD2d 465; Heffney v Brookdale Hosp. Ctr. 102 AD2d 842).
The Supreme Court improvidently exercised its discretion, however, in striking Italiano Brothers’ answer for its…
2Cases cited4 opinions
- Heffney v. Brookdale Hospital CenterAppellate Division of the Supreme Court of the State of New York · 1984
- Meis v. ELO ORGANIZATION, LLCNew York Court of Appeals · 2002
- Halali v. Evanston InsuranceAppellate Division of the Supreme Court of the State of New York · 2001
- In re the Estate of GayeAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by7 opinions
- Cambry v. GardensAppellate Division of the Supreme Court of the State of New York · 2008
- Dean v. CampagnaAppellate Division of the Supreme Court of the State of New York · 2007
- Nieves v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
- Carella v. Reilly & AssociatesAppellate Division of the Supreme Court of the State of New York · 2004
- Metzger v. GoldsteinAppellate Division of the Supreme Court of the State of New York · 2016
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