Legal Opinion
Conch Associates, Inc. v. PMCC Mortgage Corp.
Appellate Division of the Supreme Court of the State of New York
Decided March 17, 2003PublishedCited by 6 opinions
1Opinion of the Court
—In an action to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Hall, J.), dated April 2, 2002, which granted the defendant’s motion to strike the complaint pursuant to CPLR 3126, and denied its cross motion to certify the action ready for trial.
Ordered that the order is affirmed, with costs.
The nature and degree of the penalty to be imposed on a motion pursuant to CPLR 3126 is a matter generally left to the discretion of the Supreme Court. However, to invoke the drastic remedy of striking a pleading, the court must determine…
2Cases cited4 opinions
- Espinal v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
- Herrera v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1997
- Birch Hill Farm, Inc. v. ReedAppellate Division of the Supreme Court of the State of New York · 2000
- Montgomery v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2002
3Cited by6 opinions
- Beneficial Mortgage Corp. v. LawrenceAppellate Division of the Supreme Court of the State of New York · 2004
- Rowell v. JoyceAppellate Division of the Supreme Court of the State of New York · 2004
- Sowerby v. CamardaAppellate Division of the Supreme Court of the State of New York · 2005
- Kroll v. Parkway Plaza Joint VentureAppellate Division of the Supreme Court of the State of New York · 2004
- Stever v. SteverAppellate Division of the Supreme Court of the State of New York · 2004
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