Legal Opinion

Northern Leasing Systems, Inc. v. Estate of Turner

Appellate Division of the Supreme Court of the State of New York

Decided March 8, 2011PublishedCited by 4 opinions

1Opinion of the Court

The motion court providently exercised its discretion in sanctioning defendants. Defendants’ willful and contumacious refusal to cooperate with the discovery process can be inferred from two years of noncompliance with plaintiffs requests and defendants’ failure to comply with three court orders directing defendants to produce documents and warning them of sanctions (see Glasburgh v Port Auth. of N.Y. & N.J., 193 AD2d 441 [1993]; Fish & Richardson, P.C. v Schindler, 75 AD3d 219 [2010]).

Defendants’ argument that plaintiffs failure to include an affirmation of good faith pursuant to 22 NYCRR…

2Cases cited3 opinions

  1. Fish & Richardson, P.C. v. SchindlerAppellate Division of the Supreme Court of the State of New York · 2010
  2. Glasburgh v. Port Authority of New York & New JerseyAppellate Division of the Supreme Court of the State of New York · 1993
  3. Carrasquillo v. Netsloh Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2001

3Cited by4 opinions

  1. Nugent v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2020
  2. Nugent v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2020
  3. Loeb v. Assara New York I L.P.Appellate Division of the Supreme Court of the State of New York · 2014
  4. Loeb v. Assara New York I L.P.Appellate Division of the Supreme Court of the State of New York · 2014

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