Espinal v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of two orders of the Supreme Court, Kings County (Hutcherson, J.), dated May 15, 1998, and May 20, 1998, respectively, as denied his motion to strike the defendants’ answer pursuant to CPLR 3126 (3).
Ordered that the orders are reversed insofar as appealed from, as a matter of discretion, with costs, the motion is granted, the answer is stricken, and the matter is remitted to the Supreme Court, Kings County, for an inquest as to damages.
Although actions should be resolved on the…
2Cases cited8 opinions
- Harris v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
- Cruzatti v. St. Mary's HospitalAppellate Division of the Supreme Court of the State of New York · 1993
- Herrera v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1997
- Soto v. City of Long BeachAppellate Division of the Supreme Court of the State of New York · 1993
- Spira v. AntoineAppellate Division of the Supreme Court of the State of New York · 1993
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3Cited by44 opinions
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- Carabello v. LunaAppellate Division of the Supreme Court of the State of New York · 2008
- Almonte v. PichardoAppellate Division of the Supreme Court of the State of New York · 2013
- Birch Hill Farm, Inc. v. ReedAppellate Division of the Supreme Court of the State of New York · 2000
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