Legal Opinion
Rackowicz v. Feldman
Appellate Division of the Supreme Court of the State of New York
Decided October 11, 2005PublishedCited by 2 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Satterfield, J.), dated March 26, 2004, which denied their motion pursuant to CPLR 4404 (a) to set aside the verdict that the defendants were not negligent as against the weight of the evidence, or to strike the answer of the defendant Brenda Feldman and direct that a trial be held on the issue of damages.
Ordered that the order is affirmed, with costs.
“[T]he determination of whether or not to strike a pleading lies within the sound discretion of the Supreme…
2Cases cited8 opinions
- Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
- People v. GonzalezNew York Court of Appeals · 1986
- Kwasny v. FeinbergAppellate Division of the Supreme Court of the State of New York · 1990
- Patterson v. Greater New York Corp.Appellate Division of the Supreme Court of the State of New York · 2001
- People v. O'HaraAppellate Division of the Supreme Court of the State of New York · 1998
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3Cited by2 opinions
- Bennett v. FergusonAppellate Division of the Supreme Court of the State of New York · 2006
- Cadlerock Joint Venture, L.P. v. FordeAppellate Division of the Supreme Court of the State of New York · 2017