Legal Opinion

Traina v. Taglienti

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

Decided April 12, 2004PublishedCited by 5 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the defendant Waste Services, Inc., now known as Eastern Waste of New York, Inc., appeals from an order of the Supreme Court, Queens County (LeVine, J.), dated May 20, 2003, which granted the plaintiffs motion to strike its answer for failing to comply with the parties’ stipulation regarding court-ordered discovery.

Ordered that the order is reversed, on the law and as a matter of discretion, with costs, and the motion is denied.

Actions should be resolved on their merits whenever possible (see Cruzatti v St. Mary’s Hosp., 193 AD2d 579, 580…

2Cases cited8 opinions

  1. Cruzatti v. St. Mary's HospitalAppellate Division of the Supreme Court of the State of New York · 1993
  2. Byrne v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
  3. Miller v. DuffyAppellate Division of the Supreme Court of the State of New York · 1987
  4. Bach v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
  5. Automatic Mail Service, Inc. v. Xerox Corp.Appellate Division of the Supreme Court of the State of New York · 1989

3 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Jenkins v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004
  2. Simpson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004
  3. Calle v. Robert Champeau, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
  4. Denoyelles v. GallagherAppellate Division of the Supreme Court of the State of New York · 2006
  5. Leasecomm Corp. v. Long Island Cellular Ltd.Appellate Terms of the Supreme Court of New York · 2007

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