Legal Opinion
Payne v. Rouse Corp.
Appellate Division of the Supreme Court of the State of New York
Decided February 22, 2000PublishedCited by 5 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, etc., the defendants appeal from so much of an order of the Supreme Court, Richmond County (Lebdwitz, J.), dated May 14, 1999, as denied their motion to dismiss the complaint pursuant to CPLR 3126 and their separate motion for sanctions and costs.
Ordered that the order is affirmed insofar as appealed from, with costs.
The striking of a pleading pursuant to CPLR 3126 for failure to comply with court-ordered disclosure is a drastic remedy *511and a motion to strike should be granted only where the conduct of the nonmoving party is shown to be…
2Cases cited2 opinions
- Lestingi v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1994
- McCarthy v. KleinAppellate Division of the Supreme Court of the State of New York · 1997
3Cited by5 opinions
- Decavallas v. PappantoniouAppellate Division of the Supreme Court of the State of New York · 2002
- Lombardo v. St. Francis Hospital Rehabilitation ServicesAppellate Division of the Supreme Court of the State of New York · 2005
- A.F.C. Enterprises, Inc. v. New York City School Construction AuthorityAppellate Division of the Supreme Court of the State of New York · 2006
- Barth v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2002
- Ploski v. Riverwood Owners Corp.Appellate Division of the Supreme Court of the State of New York · 2001