Legal Opinion

Nicastro v. Pegnia

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

Decided November 13, 1998Published

1Opinion of the Court

—Order unanimously affirmed with costs. Memorandum: In this action by plaintiff for breach of a real estate purchase contract, Supreme Court entered a default judgment against defendants for their failure to appear, as directed by the court, in opposition to plaintiff’s motion for a default judgment. Plaintiff’s motion was based on defendants’ failure to comply with court-ordered discovery over several years. Given the pattern of dilatory and obstructive conduct by defendants and the insufficiency of their excuse, we conclude that the court did not improvidently exercise its discretion in…

2Cases cited2 opinions

  1. Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
  2. Voss Dental Lab, Inc. v. Surgitex, Inc.Appellate Division of the Supreme Court of the State of New York · 1994

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