Legal Opinion

Miller v. Duffy

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

Decided January 12, 1987PublishedCited by 21 opinions

1Opinion of the Court

—In an action, inter alia, for a judgment declaring that an offering plan to convert certain residential premises to cooperative ownership was fraudulently declared effective, the plaintiffs appeal from an order of the Supreme Court, Kings County (Hurowitz, J.), dated April 23, 1985, which denied their motion pursuant to CPLR 3126 to strike the defendants’ answer on the ground of the defendants’ failure to respond to interrogatories served by them and for summary judgment on their behalf.

Ordered that the order is modified by adding a provision thereto that the motion is denied on condition…

2Cases cited5 opinions

  1. Allen v. Crowell-Collier Publishing Co.New York Court of Appeals · 1968
  2. Zletz v. WetansonNew York Court of Appeals · 1986
  3. Associated Mutual Insurance v. Dyland Tavern, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
  4. Delaney v. Automated Bread Corp.Appellate Division of the Supreme Court of the State of New York · 1985
  5. Baker v. General Mills Fun Group, Inc.New York Supreme Court · 1979

3Cited by21 opinions

  1. Cruzatti v. St. Mary's HospitalAppellate Division of the Supreme Court of the State of New York · 1993
  2. Lotardo v. LotardoAppellate Division of the Supreme Court of the State of New York · 2006
  3. Gaylord Bros. v. RND Co.Appellate Division of the Supreme Court of the State of New York · 1987
  4. Preston v. PrestonAppellate Division of the Supreme Court of the State of New York · 1989
  5. Kimmel v. StateAppellate Division of the Supreme Court of the State of New York · 1999

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