Legal Opinion

Sedano v. Campos

New York District Court

Decided August 14, 2003PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Kenneth L. Gartner, J.

The instant action is for personal injuries allegedly sustained in a motor vehicle collision.

The plaintiff moves for an order striking the defendants’ answer pursuant to CPLR 3126 (3) for the defendants’ alleged refusal to obey a prior order of this court.

The first issue which must be addressed is the competence of this court — rather than the court which signed the prior order — to adjudicate this motion.

This case was commenced in Supreme Court. The case was transferred to the District Court pursuant to CPLR 325 (d). CPLR 325 (d) permits the…

2Cases cited3 opinions

  1. Dalrymple v. Martin Luther King Community Health CenterAppellate Division of the Supreme Court of the State of New York · 1987
  2. Blasi v. BoucherAppellate Division of the Supreme Court of the State of New York · 1968
  3. Yuan Zhai v. Chemical BankCivil Court of the City of New York · 1999

3Cited by1 opinion

  1. Philadelphia Indemnity Insurance v. Goggins-StarrNew York District Court · 2010

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