Kyung Soo Kim v. Goldmine Realty, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover a deposit made in contemplation of a commercial lease, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Nelson, J.), dated April 28, 2009, as granted that branch of the defendants’ motion which was, in effect, pursuant to CPLR 3126 (3) to dismiss the complaint.
Ordered that the order is affirmed insofar as appealed from, with costs.
The drastic remedy of dismissing a complaint based on the plaintiffs’ failure to comply with court-ordered disclosure should be granted only where there is a clear showing that…
2Cases cited7 opinions
- Espinal v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
- Mendez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004
- Brown v. Astoria Federal SavingsAppellate Division of the Supreme Court of the State of New York · 2008
- Alto v. Gilman Management Corp.Appellate Division of the Supreme Court of the State of New York · 2004
- Yona v. Beth Israel Medical CenterAppellate Division of the Supreme Court of the State of New York · 2001
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3Cited by7 opinions
- Bort v. PerperAppellate Division of the Supreme Court of the State of New York · 2011
- Hogan v. VandewaterAppellate Division of the Supreme Court of the State of New York · 2013
- Thompson v. Dallas BBQAppellate Division of the Supreme Court of the State of New York · 2011
- Empire Enters. I.J.J.A., Inc. v. Daimler Buses of N. Am., Inc.Appellate Division of the Supreme Court of the State of New York · 2019
- HOGAN, MARK v. VANDEWATER, DAVIDAppellate Division of the Supreme Court of the State of New York · 2013
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