Legal Opinion
Nudelman v. New York City Transit Authority
Appellate Division of the Supreme Court of the State of New York
Decided April 1, 1991PublishedCited by 11 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Durante, J.), dated August 28, 1989, which failed to grant unconditionally her motion to strike the defendant’s answer for its failure to comply with a prior order of the same court dated March 16, 1989, directing the defendant’s employee to appear at an examination before trial.
Ordered that the order is affirmed, with costs.
The drastic sanction of unconditionally striking an answer pursuant to CPLR 3126 for failure to comply with court-ordered discovery should not…
2Cases cited3 opinions
- Read v. DicksonAppellate Division of the Supreme Court of the State of New York · 1989
- Dowlitt v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1985
- Mulvey v. Service Systems Corp.Appellate Division of the Supreme Court of the State of New York · 1989
3Cited by11 opinions
- Lestingi v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1994
- Smith v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1997
- McCarthy v. KleinAppellate Division of the Supreme Court of the State of New York · 1997
- Athanasiou v. First National City Bank US Corp.Appellate Division of the Supreme Court of the State of New York · 1996
- Magrabi v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
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