Legal Opinion
Henry Rosenfeld, Inc. v. Bower & Gardner
Appellate Division of the Supreme Court of the State of New York
Decided May 15, 1990PublishedCited by 23 opinions
1Opinion of the Court
Order of the Supreme Court, New York County (David B. Saxe, J.), entered on or about July 18, 1989, striking defendants’ answer and directing that the matter be set down for an assessment of damages, is unanimously affirmed, with costs.
In this action for attorneys’ malpractice, defendants’ answer was stricken for failure to submit to court-ordered deposition. Under CPLR 3126, if a party refuses to obey an order for disclosure, the court may order that party’s pleading stricken (Rodriguez v Sklar, 56 AD2d 537, 538). The striking of an answer is an extreme and drastic penalty, and should not be…
2Cases cited3 opinions
- Zletz v. WetansonNew York Court of Appeals · 1986
- Sony Corp. of America v. Savemart, Inc.Appellate Division of the Supreme Court of the State of New York · 1977
- Rodriguez v. SklarAppellate Division of the Supreme Court of the State of New York · 1977
3Cited by23 opinions
- Arts4all, Ltd. v. HancockAppellate Division of the Supreme Court of the State of New York · 2008
- Berman v. SzpilzingerAppellate Division of the Supreme Court of the State of New York · 1992
- Baldwin v. Gerard Avenue, LLCAppellate Division of the Supreme Court of the State of New York · 2009
- Batra v. Office Furniture Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Perez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
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