Legal Opinion

Graham v. Harco Chemical Coating, Inc.

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

Decided December 15, 2003Published

1Opinion of the Court

In an action to recover damages for personal injuries, etc., the defendant Barco Chemical Coating, Inc., appeals from an order of the Supreme Court, Kings County (Bonina, J.), entered December 23, 2002, which granted the plaintiffs’ motion to reinstate the action against it upon vacating the plaintiffs’ default in complying with discovery.

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

The plaintiffs failed to provide any reason for their default in complying with the appellant’s discovery demands (see Desena v 486 Henry Supermarket, 269 AD2d 557 [2000]).…

2Cases cited2 opinions

  1. Yushavayev v. KopelmanAppellate Division of the Supreme Court of the State of New York · 2003
  2. Desena v. 486 Henry Supermarket, Inc.Appellate Division of the Supreme Court of the State of New York · 2000

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