Birch Hill Farm, Inc. v. Reed
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for veterinary malpractice, the defendant appeals from an order of the Supreme Court, Nassau County (Adams, J), entered April 30, 1999, which, in effect, denied his unopposed motion to dismiss the complaint pursuant to CPLR 3126.
Ordered that the order is reversed, as a matter of discretion, with costs, the motion is granted, and the complaint is dismissed.
Although actions should be resolved on the merits wherever possible (see, Cruzatti v St. Mary’s Hosp., 193 AD2d 579, 580), a court may, inter alia, strike the “pleadings or parts thereof’ as a sanction…
2Cases cited8 opinions
- Harris v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
- Cruzatti v. St. Mary's HospitalAppellate Division of the Supreme Court of the State of New York · 1993
- Espinal v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
- Soto v. City of Long BeachAppellate Division of the Supreme Court of the State of New York · 1993
- Ranfort v. Peak Tours, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
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3Cited by28 opinions
- Hill v. Tejbir Singh Oberoi, D.D.S.Appellate Division of the Supreme Court of the State of New York · 2004
- Whitehead v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010
- 1523 Real Estate, Inc. v. East Atlantic Properties, LLCAppellate Division of the Supreme Court of the State of New York · 2007
- Yechieli v. Glissen Chemical Co.Appellate Division of the Supreme Court of the State of New York · 2007
- Morano v. Westchester Paving & Sealing Corp.Appellate Division of the Supreme Court of the State of New York · 2004
23 more not listed; retrieve them via the Exa API.